IN THE CASE OF:
BOARD DATE: 11 September 2012
DOCKET NUMBER: AR20120004459
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 (BSM).
2. The applicant states the award of the BSM is not on his DD Form 214.
3. The applicant provides:
* his DD Form 214
* a DA Form 1577 (Authorization for Issuance of Awards), dated 12 March 2002
* a letter from the National Personnel Records Center (NPRC), dated
14 March 2002
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 12 March 1969. He completed his basic training at Fort Leonard Wood, MO and his advanced individual training as an armor intelligence specialist at Fort Knox, KY before being transferred to Vietnam on 23 August 1969.
3. He departed Vietnam on 19 August 1970 and he was transferred back to Fort Knox where he remained until he was honorably released from active duty (REFRAD) on 13 March 1971 at the expiration of his term of service. He completed 2 years of active service with 2 days of time lost. The DD Form 214 he was issued at the time of his REFRAD shows among other awards the Combat Infantryman Badge (CIB). It does not show the BSM.
4. A review of the applicant's official record failed to show any evidence of him being awarded the BSM. Additionally, a search 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 the BSM pertaining to the applicant.
5. The applicant provided a DA Form 1577 that authorized, in part, issuance of the BSM to him.
6. Army Regulation 600-8-22 (Military Awards) states:
a. The BSM 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.
b. The BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The BSM is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the CIB or the Combat Medical Badge is considered to be a citation in orders. Therefore, the BSM is to be awarded to individuals who were authorized either badge for service during World War II.
7. A DA Form 1577 authorizes issuance of decorations, medals, unit citations, and badges. Army Regulation 600-8-104 (Military Personnel Information Management/Records) governs entries made in military personnel records, and this regulation states that, for U.S. military decorations and awards, the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. As a result, the DA Form 1577 is not sufficient as a basis for entitlement to a military award or for correction of military records to show a military award.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and appear to lack merit.
2. The applicant has failed to show through the evidence submitted with his application and the evidence of record any evidence of being awarded the BSM.
3. Although he provides a DA Form 1577 that authorized the issuance of a BSM, this document alone is insufficient to add the BSM to his DD Form 214.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X ___ ___X____ ___X ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the
United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20120004459
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ABCMR Record of Proceedings (cont) AR20120004459
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