IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110019772
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 his award of the Bronze Star Medal (BSM).
2. The applicant states his award of the BSM was not added to his
DD Form 214.
3. The applicant provides copies 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 applicants official records, though somewhat incomplete, show that he was inducted into the Army of the United States in San Juan, Puerto Rico on
24 October 1968. He completed his basic training at Fort Jackson, SC and his advanced individual training as an infantry indirect fire crewman at Fort Gordon, GA before being transferred to Vietnam on 2 May 1969 for assignment to Company D, 2d Battalion, 5th Cavalry Regiment, 1st Cavalry Division.
3. On 8 June 1969, he was wounded in action (fragmentation wounds to the head) and he was medically evacuated to the 249th General Hospital in Japan. He was subsequently transferred to the Naval Hospital in St. Albans, NY and then to the Veterans Administration (VA) Hospital in San Juan, Puerto Rico, where he remained until he was retired on 1 October 1969 by reason of permanent disability. He completed 11 months and 13 days of total active service.
4. 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 retirement does not show award of the BSM.
5. A review of the applicants available records failed to contain orders awarding him the BSM. Additionally, review 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 orders for the BSM pertaining to the applicant.
6. 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 in 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 applicant's claim that he was awarded the BSM for his service in Vietnam is not in question, there is no evidence of record and he did not provide the required evidence in the form of orders awarding him the BSM to support his claim.
2. In the absence of orders to show he was awarded the BSM there is an insufficient evidentiary basis for granting the applicants requested relief.
BOARD VOTE:
____X____ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ___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 this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
___________XXX____________
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) AR20110019772
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ABCMR Record of Proceedings (cont) AR20110019772
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