IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120004339
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 the Bronze Star Medal.
2. He states he was awarded the Bronze Star Medal shortly before leaving Vietnam. He has all of the documentation that came with the award except for the orders.
3. He provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Bronze Star Medal certificate
* Bronze Star Medal citation
* Letter Orders Number 07-1230297 discharging him from the U.S. Army Reserve (USAR)
* DD Form 256A (Honorable Discharge)
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. His military records show he was inducted into the Army on 16 August 1969. He was awarded military occupational specialty 11B (Light Weapons Infantryman) and he was promoted to the rank of sergeant/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 7 January 1970 to 19 March 1971. It does not list the Bronze Star Medal.
4. He was honorably released from active duty on 20 March 1971 and transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 7 months, and 5 days of creditable active service.
5. His DD Form 214 does not list the Bronze Star Medal.
6. He provides a copy of a Bronze Star Medal certificate, dated 18 December 1970, showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from January 1970 to December 1970 and a Bronze Star Medal citation.
7. His records are void of orders or other documents that indicate he was recommended for or awarded the Bronze Star Medal by proper authority.
8. A 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 award of the Bronze Star Medal pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded to any person who distinguished himself or herself by heroism or meritorious achievement or service not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force. 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 applicant provided a copy of a Bronze Star Medal certificate and citation, he did not provide orders authorizing this award.
2. There is no evidence of record and he did not provide any evidence that shows he was awarded or recommended for award of the Bronze Star Medal. In the absence of orders the evidence is insufficient to correct his DD Form 214 to show award of the Bronze Star Medal.
3. Regrettably, in view of the foregoing there is no basis for granting the applicant's request.
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) AR20120004339
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120004339
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019533
Item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list any awards of the Bronze Star Medal. Therefore, there is insufficient evidence to 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 adding the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded...
ARMY | BCMR | CY2014 | 20140007646
IN THE CASE OF: BOARD DATE: 4 December 2014 DOCKET NUMBER: AR20140007646 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests his second Bronze Star Medal be added to his DD Form 214 (Report of Separation from Active Duty) with an effective date of 14 December 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by: a. deleting the Bronze Star Medal and Vietnam Service Medal...
ARMY | BCMR | CY2014 | 20140007069
Republic of Vietnam, Army of the Republic of Vietnam, Order Number 0035, dated 13 July 1970, awarded him the Republic of Vietnam Gallantry Cross with Bronze Star. Therefore, he is entitled to correction of his DD Form 214 to show these awards: * Army Commendation Medal * Army Commendation Medal with 1st OLC * Bronze Star Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation 3. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2014 | 20140003821
Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 3rd Battalion, 22nd Infantry Regiment, in Vietnam from 7 April 1968 to 29 March 1970, this unit was cited for awards of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 1 September 1968 to 30 September 1970, by Department of the Army General Orders (DAGO)Number 5, dated 1973 * Republic of Vietnam Civil Actions Honor Medal...
ARMY | BCMR | CY2013 | 20130020045
Therefore, in the absence of evidence showing additional awards of the Bronze Star Medal, the entry for the Bronze Star Medal on his DD Form 214 is correct. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with an effective date of 27 December 1971 as follows: a. Delete the: * Air Medal W/DVC 60 * Vietnam Service Medal b. Add the: * Air Medal * Valorous Unit Award * Vietnam Service Medal with...
ARMY | BCMR | CY2008 | 20080015947
The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Bronze Star Medal with third oak leaf cluster and the Air 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 Vietnam Service Medal with two bronze service stars; b. adding to his DD Form 214 the Bronze Star Medal with third...
ARMY | BCMR | CY2010 | 20100013673
Although the applicant provided three separate Bronze Star Medal Certificates, award orders are necessary to validate individual awards of the Bronze Star Medal. Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his already-awarded Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding a second Bronze Star Medal,...
ARMY | BCMR | CY2014 | 20140007062
IN THE CASE OF: BOARD DATE: 18 November 2014 DOCKET NUMBER: AR20140007062 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080019669
The applicant provided a copy of an award certificate awarding him the Bronze Star Medal while he served in Vietnam; however, he provided no general orders showing he was awarded the Bronze Star Medal. No evidence was found in the applicant's service personnel record to show he was awarded the Bronze Star Medal; therefore, there is insufficient evidence available to support addition of the Bronze Star Medal to his DD Form 214. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2011 | 20110003243
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the following awards: * Bronze Star Medal with "V" Device * Bronze Star Medal with oak leaf clusters * Combat Infantryman Badge * marksmanship badges * any unit citations he is authorized 2. Therefore, the preponderance of evidence shows he should be awarded the first award of the Army Good Conduct Medal based on completion of qualifying service from 10 February...