IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110021995
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 the Bronze Star Medal (BSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, he was awarded the Bronze Star Medal for time spent in the Republic of Vietnam and it was never annotated on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 20 March 1970. His records show he completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in the Republic of Vietnam from 25 March 1971 to 11 August 1972 at which time he was honorably released from active duty and transferred to the U.S. Army Reserve.
3. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the BSM and his official military personnel file (OMPF) does not contain orders awarding him the BSM.
4. The DD Form 214 ending 31 October 1990 shows he was awarded the following awards:
* Army Service Ribbon
* Good Conduct Medal (5th award)
* Overseas Service Bar (3)
* Army Achievement Medal
* Noncommissioned Officer Professional Development Ribbon (3)
* Vietnam Gallantry Cross Unit Citation with Device
* Vietnam Campaign Medal
* Vietnam Service Medal with4 bronze service stars
* National Defense Service Medal
* Combat Infantry Badge
5. A 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 U.S. Army Human Resources Command, failed to reveal any orders for the BSM.
6. There is no evidence in the available records which shows the applicant was recommended and approved for award of the BSM.
7. Army Regulation 600-8-22 (Military Awards), paragraph 3-14 contains guidance on award of the Bronze Star Medal. It states it is awarded for heroic acts or meritorious achievement or service of a lesser degree than required for the Silver Star. The regulation requires that this award be recommended, approved by the proper authority, and announced in official orders.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the BSM was carefully considered and it was determine that there is insufficient evidence to support this request.
2. The applicants OMPF is void of any orders or other documentation that shows he was ever recommended for or awarded the Bronze Star Medal by proper authority during his military service. Additionally, he has failed to provide any independent evidence showing he was awarded the Bronze Star Medal while serving on active duty as he asserts. Therefore, there is insufficient evidence to add the BSM to his DD Form 214.
3. 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.
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) AR20110021995
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ABCMR Record of Proceedings (cont) AR20110021995
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