IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110016358
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Bronze Star Medal with first oak leaf cluster (BSM w/1OLC).
2. The applicant states that he was awarded the BSM w/1OLC and his DD Form 214 only reflects the award of the BSM.
3. The applicant provides a copy of a BSM Certificate awarding him the BSM 1OLC for meritorious service during the period February 1968 to February 1969.
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 in Little Rock, Arkansas on 15 September 1967. He completed his basic training at Fort Bliss, Texas and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 27 February 1968.
3. He was assigned to Company C, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division for duty as a rifleman.
4. On 2 January 1969, he was transferred to Camp Zama, Japan as a patient and remained there until 14 January 1969 when he was transferred to the Army Hospital at Fort Polk.
5. On 9 January 1969, Headquarters, 1st Cavalry Division issued General Orders Number 442 awarding the BSM to the applicant for the period February 1968 to February 1969.
6. On 28 February 1969, he was transferred to Fort Leonard Wood, Missouri where he remained until he was honorably released from active duty (REFRAD) on 12 September 1969, due to the expiration of his term of service (ETS). He had served 1 year, 11 months, and 28 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Combat Infantryman Badge, Vietnam Service Medal, the Purple Heart, the Air Medal, and the Republic of Vietnam Campaign Medal with 1960 Device.
7. On 30 March 1976, a DD Form 215 (Correction to DD Form 214) was issued to the applicant adding the award of the BSM to his DD Form 214.
8. A review of the applicants official records and a search of the of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any additional orders for award of the BSM other than the 9 January 1969 orders.
9. 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. The applicants contention that he was awarded the BSM w/1OLC has been noted and appears to lack merit.
2. The award of the BSM requires announcement in orders and the only orders contained in the available records reflects that he was awarded the BSM for the period of February 1968 to February 1969, the same period reflected on his Certificate for award of the BSM w/1OLC.
3. Therefore, it appears that the certificate was incorrectly prepared and absent orders for two awards of the BSM, there appears to be no basis for adding an additional award of the BSM to his DD Form 214.
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) AR20110016358
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ABCMR Record of Proceedings (cont) AR20110016358
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