IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120003384
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) and possibly other records to show his award of the Bronze Star Medal.
2. The applicant states the Bronze Star Medal is not listed on his DD Form 214 and possibly other records.
3. The applicant provides copies of his DD Form 214 and a Bronze Star Medal 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 applicant enlisted in the Regular Army on 5 July 1968 for a period of
2 years. He completed his initial training and he was awarded military occupational specialty 13A (Field Artillery Crewman).
3. On 7 May 1969, the applicant departed Fort Carson, CO for duty in the Republic of Vietnam (RVN).
4. On 23 June 1969, the applicant was assigned for duty as an ammunition handler with Headquarters and Headquarters Battery, 2nd Battalion,
319th Artillery Regiment (Airmobile).
5. The undated citation provided by the applicant states the 101st Airborne Division (Airmobile) presented the applicant the Bronze Star Medal for his outstanding meritorious service in connection with ground operations against a hostile force in the RVN during the period 1 July 1969 to 30 April 1970.
6. On 1 June 1970, the applicant departed Vietnam en route to Fort Lewis, WA for separation processing. On 6 June 1970, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Service obligation. He completed 1 year, 9 months, and 26 days of total active service. He attained the rank/grade of corporal (CPL)/E-4.
7. The applicant's DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Two Overseas Service Bars
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
8. 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 orders for the Bronze Star Medal pertaining to the applicant.
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, 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. 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 and possibly other records should be corrected to show he was awarded the Bronze Star Medal.
2. There are no available general orders showing the applicant was awarded the Bronze Star Medal. The citation provided by the applicant in and of itself is not sufficient upon which to add the Bronze Star Medal to his records.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requester belief.
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) AR20120003384
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ABCMR Record of Proceedings (cont) AR20120003384
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