IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110015126
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his record to show he received two awards of the Bronze Star Medal (BSM).
2. He states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as corrected by a DD Form 215 (Correction to DD Form 214), shows one BSM, but he was given orders for two.
3. He provides:
* two II Field Force Vietnam Forms 327R (Recommendation for Decoration for Valor or Merit)
* his DD Form 214
* his DD Form 215
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 24 September 1969. After completing initial entry training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman) and assigned to duty in Vietnam.
3. On 18 January 1971, Headquarters, II Field Force Vietnam, issued General Orders Number 137, awarding him the Army Commendation Medal (ARCOM) for meritorious achievement during the period 14 March to 17 August 1970.
4. On 3 February 1971, Headquarters, II Field Force Vietnam, issued General Orders Number 281, awarding him the BSM for meritorious service during the period March 1970 to March 1971.
5. On 3 September 1971, he was honorably released from active duty after completing 1 year, 11 months, and 10 days of total active service.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as amended by a DD Form 215, shows he is authorized the:
* BSM
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* ARCOM
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
7. His record does not contain orders showing he received a second award of the BSM.
8. Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant.
9. He provides two II Field Force Vietnam Forms 327R.
a. The first shows he was recommended for an award of the BSM for achievement during the period 14 March to 17 August 1970. Item 11 (Recommended Award) clearly shows the BSM was selected, and it also shows a faint entry indicating the ARCOM was also selected. Item 12 (Previous Awards) shows a recommendation for award of the "BS-S" (presumably the BSM for service) for the period March 1970 to March 1971 was pending.
b. The second shows he was recommended for an award for service during the period March 1970 to March 1971. Item 11 shows both "BSM" and "ARCOM" were selected. Item 12 shows a recommendation for award of the "BS-A" (presumably the BSM for achievement) for the period 14 March to 17 August 1970 was pending.
10. Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. General orders in the applicant's record show he was awarded the ARCOM for achievement during the period 14 March to 17 August 1970, the same period for which he was recommended for award of the BSM for achievement. The evidence indicates the approval authority determined the ARCOM was the appropriate award for his achievement. The ARCOM is properly shown on his DD Form 214.
2. His record also includes general orders awarding him the BSM for service during the period March 1970 to March 1971. This award is also properly shown on his DD Form 214.
3. In the absence of general orders showing the applicant received two awards of the BSM, there is no basis for granting the relief he requests.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20110015126
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ABCMR Record of Proceedings (cont) AR20110015126
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