IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120005052
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. The applicant states he was awarded the Bronze Star Medal for meritorious service but it was not recorded on his DD Form 214. He would like a DD Form 215 (Correction to DD Form 214) to show this award. He only has the medal that was given to him in September 1968 at Tan Son Nhut Air Base in Vietnam.
3. The applicant did not provide any additional documentation.
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 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. 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 applicant's 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 31 March 1966 for a period of
3 years. He completed training, including basic airborne training, and he was awarded military occupational specialty 11B (light weapons infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) he was assigned to Company C,
3d Battalion (Airborne), 506th Infantry (Vietnam) from 29 October 1967 through
7 October 1968; and
b. item 41 (Awards and Decorations) no listing of the Bronze Star Medal.
4. On 28 March 1969, the applicant was honorably released from active duty at the expiration of his term of service in the rank/grade of sergeant (SGT)/E-5. He completed 2 years, 11 months, and 28 days of total active service.
5. The DD Form 214 he was issued at the time does not list the Bronze Star Medal.
6. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Bronze Star Medal at any time during his active duty service.
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 U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.
8. 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 in 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:
There is no evidence of record and the applicant did not provide any evidence to support his contention that he was awarded the Bronze Star Medal in September 1968 in Vietnam. In the absence of corroborating evidence to show he was recommended for and awarded the Bronze Star Medal, 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:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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) AR20120005052
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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