IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120004814
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 award of the Bronze Star Medal (BSM).
2. The applicant states he was awarded the BSM for his service in the Republic of Vietnam (RVN) and it is not on his discharge record.
3. The applicant provides:
* his DD Form 214
* a copy of a BSM Certificate, dated 11 July 1968
* a copy of a BSM 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 1 August 1966 for a period of
3 years. He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).
3. He arrived in the RVN on 25 June 1967 and he was assigned to B Company, 2nd Battalion (Airborne), 502nd Infantry, 101st Airborne Division.
4. He departed Vietnam on 24 June 1968 en route to Germany for his next duty assignment.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the BSM.
6. On 14 July 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 11 months, and 14 days of total active service.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of the DD Form 214 he was issued at the time does not show award of the BSM.
8. There are no orders in the applicant's service personnel records and he did not provide any orders awarding him the BSM.
9. He submitted a BSM Certificate and citation that shows he was awarded the BSM for meritorious achievement in ground operations against hostile forces during the period December 25 June 1967 through 24 June 1968.
10. Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the BSM pertaining to the applicant.
11. U.S. Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation stated the BSM may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.
12. Army Regulation 600-8-22 (Military Awards), currently in effect, states 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the BSM to his DD Form 214 was carefully considered.
2. There are no orders in the applicant's service personnel records and the applicant did not provide any orders awarding him the BSM. Regrettably, the BSM Certificate and the citation alone are insufficient evidence to show he is authorized the award.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20120004814
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ABCMR Record of Proceedings (cont) AR20120004814
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