IN THE CASE OF:
BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120007151
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, in effect, a second Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* He was awarded the BSM on 10 February 1968 and on 10 July 1968
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show any award of the BSM
* One award of the BSM was added to his DD Form 214 on 28 April 2009 via a DD Form 215 (Correction to DD Form 214)
3. The applicant provides:
* DD Form 215
* DD Form 214
* Award certificate for the BSM, dated 10 February 1968
* Award certificate for the BSM, dated 10 July 1968
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 was inducted into the Army of the United States on 19 August 1966. He served as a medical specialist in Vietnam from 12 February 1967 to
11 February 1968. On 16 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 24 of his DD Form 214 does not show the BSM as an authorized award.
4. Orders, dated 26 January 1968, show he received the BSM for meritorious service in Vietnam during the period February 1967 to December 1967.
5. There are no orders for a second award of the BSM in the available records.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the BSM.
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 United States Army Human Resources Command, revealed orders for one award of the BSM for meritorious service in Vietnam during the period February 1967 to December 1967.
8. He provided an award certificate, dated 10 February 1968, for award of the BSM for meritorious achievement in Vietnam during the period February 1967 to December 1967.
9. He provided an award certificate, dated 10 July 1968, for award of the BSM for meritorious achievement in Vietnam during the period February 1967 to December 1967.
10. A DD Form 215, dated 28 April 2009, amended his DD Form 214 by adding the BSM to item 24.
11. Army Regulation 600-8-22 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.
12. Paragraph 1-19 of Army Regulation 600-8-22 states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
DISCUSSION AND CONCLUSIONS:
Although he contends he received two awards of the BSM, orders show he received one award of the BSM for meritorious service during the period February 1967 to December 1967. Both of the BSM award certificates provided by the applicant show the same dates of service (February 1967 to December 1967). The governing regulation states only one decoration will be awarded to an individual for the same period act, achievement, or period of meritorious service. Since there are no orders for a second award of the BSM in the available records, there is insufficient evidence on which to base adding a second award of the BSM to his DD Form 214.
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) AR20120007151
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ABCMR Record of Proceedings (cont) AR20120007151
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