IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120004653
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 Army Commendation Medal (ARCOM) and 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 did not realize the errors until his brother-in-law passed away and errors were found on his military records.
3. The applicant provides the following documents:
* ARCOM, General Orders Number 196
* ARCOM Certificate
* ARCOM Citation
* 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 enlisted in the Regular Army on 29 August 1967. He was trained in and awarded military occupational specialty 05B (Radio Operator). The highest grade/rank he attained during this period of service was specialist four/E 4.
3. The applicant's records show he served in the Republic of Vietnam (RVN) during the period 29 August 1967 to 1 April 1970 and he was honorably released from active duty on 2 April 1970.
4. The applicant's DD Form 214 shows he earned the following awards:
* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device 60
* Parachutist Badge
* Marksman Marksmanship Qualification Badge (M-14 rifle)
5. The applicant submitted an ARCOM Certificate, ARCOM Citation and General Orders Number 196, dated 9 March 1970, which awarded him the ARCOM for meritorious service while serving in the RVN during the period January 1969 to April 1970.
6. The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents indicating he was ever recommended for or awarded the BSM.
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 United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.
8. 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.
9. Army Regulation 600-8-22 states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of campaigns and shows that during the applicants tenure of assignment in the RVN, participation credit was granted for the following four campaigns for the periods indicated:
* Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 through 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969
* Vietnam Winter-Spring (1 November 1969 through 30 April 1970)
DISCUSSION AND CONCLUSIONS:
1. The applicant argument that his DD Form 214 should be corrected to show the ARCOM and the BSM has been carefully considered and found to have partial merit.
2. General orders awarded the applicant the ARCOM for meritorious service. Therefore, his DD Form 214 should be corrected to show this award.
3. There is no evidence in the available records that shows 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.
4. The applicant's records show he was awarded the VSM. He participated in four campaigns while serving in the RVN; therefore, he is entitled to four bronze service stars to be affixed to his already-awarded VSM.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X __ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the following awards to his DD Form 214:
* ARCOM
* Four bronze service stars to his previously-awarded VSM
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the BSM.
__________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) AR20120004653
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ABCMR Record of Proceedings (cont) AR20120004653
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