IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006313
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 military records to show award of the Bronze Star Medal (BSM) for his service in the Republic of Vietnam (RVN).
2. The applicant states he was awarded the BSM for meritorious achievement and believes it should be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides copies of:
* DD Form 214
* Award Certificate for the BSM
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. Evidence of record and background information:
a. On 21 April 1970, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 31S (Field General Communications/Security Maintenance).
b. On 4 December 1970, he departed Fort Monmouth, New Jersey for duty in the RVN.
c. On 7 January 1971, he was assigned for duty with the U.S. Army Strategic Command, Signal Support.
d. On 1 March 1971, he was reassigned within his unit to duties as a legal clerk and was subsequently reclassified into MOS 71D (Legal Specialist).
e. He returned to the United States on or about 9 December 1971.
f. On 8 December 1971, he was released from active duty. He had attained the rank of specialist six, pay grade E-6 and had completed 1 year, 7 months, and 18 days of creditable active duty service.
g. His DD Form 214 lists his awards as:
* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* One Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in Item 41 (Awards and Decorations) the same awards listed on his DD Form 214.
4. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the BSM. ADCARS is 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.
5. Army Regulation 600-8-22 (Military Awards) 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.
6. The certificate provided by the applicant indicates that he was awarded the BSM for outstanding meritorious achievement in ground operations against hostile forces during the period 1 February to 29 November 1971. This certificate does not identify the orders authorizing this medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the BSM.
2. There are no available general orders showing the applicant was awarded the BSM. The certificate provided by the applicant is insufficient evidence by itself upon which to base a correction of his records.
3. In view of the above, the applicant's 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 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) AR20120006313
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ABCMR Record of Proceedings (cont) AR20120006313
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