IN THE CASE OF:
BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120005855
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.
2. The applicant states the Bronze Star Medal should be listed on his DD Form 214.
3. The applicant provides his DD Form 214 and an incomplete copy of General Orders Number 422, dated 11 January 1970.
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 17 September 1968. He completed training as a light weapons infantryman. He arrived in Vietnam on 9 February 1969.
3. The applicant departed Vietnam en route to the United States on 8 February 1970.
4. On 18 June 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows the following awards:
* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
5. On 30 October 2003, the ABCMR denied the applicant's request for award of the Purple Heart. However, he was furnished a DD Form 215 (Correction to DD Form 214) amending his DD Form 214 to add the Army Good Conduct Medal (1st Award) and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6. The applicant provides an incomplete copy of Headquarters, Americal Division, General Orders Number 422, dated 11 January 1970. His name is shown on the orders stating he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from February 1969 through February 1970. However, the copy of the orders he provides has no signature and no distribution list.
7. A review of the applicant's Army Military Human Resources Record (AMHRR) failed to reveal a copy of General Orders Number 422.
8. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal a copy of General Orders Number 422 awarding him the Bronze Star Medal.
9. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. He provides an incomplete copy of General Orders Number 422 which state that he was awarded the Bronze Star Medal for the period February 1969 through February 1970. There is no signature or distribution list on the orders he provided.
3. The applicant's AMHRR does not contain a copy of General Orders Number 422 awarding him the Bronze Star Medal and a review of ADCARS fails to reveal a copy of General Orders Number 422.
4. The copy of General Orders Number 422 submitted by the applicant is incomplete and insufficient to warrant amending his DD Form 214 to show he was awarded Bronze Star Medal.
5. In view of the foregoing, his request should be denied.
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) AR20120005855
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ABCMR Record of Proceedings (cont) AR20120005855
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