IN THE CASE OF:
BOARD DATE: 19 July 2012
DOCKET NUMBER: AR20120001307
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 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the BSM and it is not listed on his DD Form 214. He further states he lost the award and the record in a flood.
3. The applicant provides a copy of his DD Form 214.
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 the Army of the United States on 17 February 1969 and was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). The highest grade/rank he attained during this period of service was specialist four/E 4.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with Company B, 1st Battalion, 61st Infantry, 1st Brigade, 5th Infantry Division and Headquarters and Headquarters Company, 1st Battalion, 61st infantry, 1st Brigade, 5th Infantry Division during the period
3 August 1969 to 20 September 1970 and he was honorably released from active duty on 21 September 1970. The applicant's DD Form 214 shows he earned the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with 60 Device
* Marksman Marksmanship Qualification Badge (M-14 rifle)
* Two Overseas Service Bars
4. The applicant's Military Personnel Records Jacket (MPRJ) is void of any orders or other documents indicating he was ever recommended for or awarded the BSM.
5. 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 award orders 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show the BSM. However, there is insufficient evidence to support his request.
2. There is no evidence in the available records that show the applicant was awarded the BSM. The governing Army regulation states that for personal decorations (which include the BSM) formal recommendation, approval through the chain of command, and announcement of orders are required. In the absence of orders, there is insufficient evidence to correct his DD Form 214 to show this award.
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) AR20120001307
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ABCMR Record of Proceedings (cont) AR20120001307
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