IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110018687
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 show award of the Bronze Star Medal.
2. The applicant states an error was made and his Bronze Star Medal was not added to his DD Form 214.
3. The applicant provides his DD Form 214 and three certificates.
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's records show he was inducted into the Army of the United States on 4 January 1968 and he held military occupational specialty 76Y (Unit Organization and Supply Specialist). He served in Vietnam from 9 June 1968 to 4 June 1969 while assigned as follows:
* 501st Supply Company, 101st Airborne Division, 9 June - 31 July 1968
* 426th Supply and Service Battalion, 101st Airborne Division, 1 August 1968 - 4 June 1969
3. He was honorably released from active duty on 19 December 1969 and he was transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 16 days of creditable active service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Bronze Star Medal.
5. There are no orders in his records showing award of the Bronze Star Medal.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record does not show award of the Bronze Star Medal.
7. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Bronze Star Medal pertaining to the applicant.
8. The applicant provides a certificate that shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in Vietnam during the period 1 August 1968 to 31 March 1969.
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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record is void of orders showing the applicant was awarded the Bronze Star Medal. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Bronze Star Medal). Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show the Bronze Star Medal. Therefore, he is not entitled to the requested relief.
2. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms and his heroism in combat.
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) AR20110018687
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ABCMR Record of Proceedings (cont) AR20110018687
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