IN THE CASE OF:
BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120005439
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 believes this award was omitted because of an administrative error.
3. The applicant provided a copy of his 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 26 June 1969. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). The highest rank/grade he attained while serving on active duty was sergeant /E-5.
3. His records show he served in the Republic of Vietnam (RVN) with Company D, 3d Battalion, 1st Infantry, 11th Infantry Brigade from 25 January 17 July 1968 and with Company C, 3rd Battalion, 503rd Infantry, 173rd Airborne Brigade and Company E, 3rd Battalion, 503rd Infantry, 173rd Airborne Brigade, from 16 September 1970 to on or about 7 August 1971.
4. The applicant was honorably released from active duty on 25 June 1973, and his DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal with 6 campaign stars
* Vietnam Campaign Medal with 1960 Device
* Army Commendation Medal
* Combat Infantry Badge
* Good Conduct Medal
* Parachutist Badge
* Three Oversea Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
5. There is no evidence in the available record and the applicant did not provide any evidence showing he was awarded the BSM.
6. A 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 BSM.
7. Paragraph 3-14 of Army Regulation 600-8-22 (Military Awards) provides guidance for award of the Bronze Star Medal. It states it is awarded for heroic or meritorious achievement or service 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:
1. The applicant's request for correction of his DD Form 214 to show award of the BSM was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, the Bronze Star Medal Must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders. The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the Bronzed Star Medal by proper authority during his active duty tenure and there are no orders for the applicant contained in ADCARS.
3. Absent any evidence of record confirming award of the Bronze Star Medal, there is an insufficient evidentiary basis to support adding this award to the applicant's DD Form 214.
4. This action in no way diminishes the sacrifices made by the applicant in 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) AR20120005439
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ABCMR Record of Proceedings (cont) AR20120005439
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