IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120002156
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 (Report of Transfer or Discharge) to show award of the Bronze Star Medal and Army Commendation Medal.
2. The applicant states the above awards were omitted from his DD Form 214.
3. The applicant provides copies of his DD Form 214 and award certificates and citations for the Bronze Star Medal and Army Commendation Medal.
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 served in the Army of the United States from 12 June 1968 through 11 June 1970 in military occupational specialty 12B (Combat Engineer). He served in Vietnam from 16 November 1968 through 1 December 1969 with the 326th Engineer Battalion, 101st Airborne Division.
3. The Army Commendation Medal award certificate and citation that were provided by the applicant show he was awarded the Army Commendation Medal for exceptional meritorious achievement on 16 June 1969.
4. The Bronze Star Medal award certificate and citation that were provided by the applicant show he was awarded the Bronze Star Medal for meritorious achievement on 17 August 1969.
5. His DA Form 20 shows service in Vietnam during three campaign periods and award of the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar.
6. The available records do not include orders or any other reference for either the Bronze Star Medal or the Army Commendation Medal.
7. 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 Bronze Star Medal or Army Commendation Medal orders pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.
c. Formal recommendations, approval through the chain of command, and announcement in orders are required for all personal decorations.
DISCUSSION AND CONCLUSIONS:
1. While the applicant has provided copies of award certificates and citations for a Bronze Star Medal and an Army Commendation Medal, his official records do not include orders or any other evidence that indicates the applicant was awarded these medals.
2. Without official orders to validate the certificates and citations provided by the applicant the evidence is insufficient to correct the applicant's DD Form 214 to show award of the above medals.
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) AR20120002156
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120002156
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090012818
The evidence of record shows the applicant completed training and he was awarded MOS 12A. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st award) and correct his records to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. awarding him the Army Good Conduct Medal (1st award) for the period 21 June...
ARMY | BCMR | CY2011 | 20110012285
This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. General and special orders awarded him the following: * Purple Heart * Bronze Star Medal for service * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge...
ARMY | BCMR | CY2007 | 20070018019
Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the units the applicant was assigned to, all subordinate units of the United States Army, Vietnam, were awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Order (DAGO) Number 8, dated 1974....
ARMY | BCMR | CY2009 | 20090019560
Army Regulation 600-8-22 states the Army Achievement Medal is awarded to any member of the armed forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement. The FSMs service record does not show he was recommended for or awarded the Army Achievement Medal. However, the FSMs service record does not contain any orders or other evidence which shows he was recommended for or awarded the Army...
ARMY | BCMR | CY2011 | 20110020185
His DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device "1960" * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar 8. 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 award orders...
ARMY | BCMR | CY2012 | 20120002765
The DD Form 214 he was issued lists the following awards: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal (RVNCM) * ARCOM with V Device * Combat Medical Badge * BSM 8. Therefore, it would be appropriate and serve the interest of justice and equity to award him the first award of the AGCM for his qualifying period of honorable active duty service from 4 April 1968 through 4 January 1970, and to add this award to his record and DD Form 214. As a result,...
ARMY | BCMR | CY2009 | 20090021545
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 May 1969 to show award of the Purple Heart, Combat Infantryman Badge, Combat Action Ribbon, and Bronze Star Medal with "V" Device. Therefore, the entry on the Vietnam casualty roster and the award certificate provided by the applicant which show he was wounded in action on 26 February 1969 are accepted as sufficient evidence on which to add the...
ARMY | BCMR | CY2009 | 20090019063
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards: * National Defense Service Medal * BSM * Army Commendation Medal (1st Oak Leaf Cluster) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Vietnam Service Medal * Two Overseas Service Bars 4. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals...
ARMY | BCMR | CY2012 | 20120003240
The applicant states the above medals are not listed on his DD Form 214; however, he has supporting evidence to show he was awarded the medals for his service in Vietnam. He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Air Medal, Air Medal with "V" Device, Vietnam Service Medal, and two Overseas Service Bars; and b. adding to his DD Form 214...
ARMY | BCMR | CY2012 | 20120012337
Application for correction of military records (with supporting documents provided, if any). 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 following: * Purple Heart * two Bronze Star Medals (BSM) * Army Commendation Medal (ARCOM) * Army Good Conduct Medal * two Certificates of Appreciation 2. Headquarters, Americal Division, General Orders Number 3875, dated 21 May 1969, with BSM Certificate,...