IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110015800
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his award of the Bronze Star Medal (BSM).
2. The applicant states his DD Form 214 does not reflect his award of the BSM.
3. The applicant provides a copy of his BSM Certificate and Citation.
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 October 1966. He completed his one-station unit training as a light weapons infantryman at Fort Carson, CO and was transferred to Hawaii on 22 April 1967 for assignment to Company B, 4th Battalion, 3d Infantry Regiment, 11th Infantry Brigade.
3. On 5 December 1967, he was transferred to Vietnam with his unit. He was promoted to sergeant (SGT)/E-5 on 25 June 1968 and he departed Vietnam on 10 October 1968 en route to Fort Lewis, WA for separation processing.
4. On 13 October 1968, he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 11 months, and 20 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time of his REFRAD shows the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
5. The certificate and citation provided by the applicant indicates he was awarded the BSM on 15 November 1968 for meritorious achievement in the Republic of Vietnam from December 1967 to October 1968. However, there is no evidence of record and the applicant has not provided any official orders awarding him the BSM.
6. 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 Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal 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. While the sincerity of the applicants claim that he was awarded the BSM is not in question, the award of the BSM requires orders to be published. There is no evidence of record and the applicant has not provided any orders awarding him the BSM.
2. Review of ADCARS also failed to reveal any orders for the BSM pertaining to the applicant.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20110015800
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110015800
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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