IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120007246
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 (BSM).
2. The applicant states he was awarded the BSM for meritorious achievement but the award is not listed on his DD Form 214.
3. The applicant provides a DD Form 214 and a BSM certificate and citation.
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 on 5 December 1968 and he was awarded military occupational specialty 31B (Field Radio Mechanic) upon completion of initial entry training.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 4 February 1970. Item 38 (Record of Assignments) shows he departed Vietnam on 2 November 1970. Item 41 (Awards and Decorations) does not show the BSM.
4. There are no orders or any other evidence in his military records that indicates he was recommended for or awarded the BSM.
5. He was honorably released from active duty on 8 November 1970. His
DD Form 214 does not list 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 orders for the BSM pertaining to the applicant.
7. He provided a BSM certificate and citation that indicates he was awarded the BSM for Meritorious achievement/service during the period November 1969 - November 1970.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the BSM has been carefully reviewed.
2. There are no orders or any other evidence in his military records that show he was awarded the BSM and there are no orders in the ADCARS data base.
3. In the absence of orders showing he was awarded the BSM, the certificate and citation the applicant provided are insufficient evidence on which to base correcting his DD Form 214 to show this award.
4. In view of the above, there is no basis to grant the 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 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) AR20120007246
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120007246
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100024576
The documentation provided by the applicant showing award of the BSM shows it was awarded by the Commanding General, 101st Airborne Division for meritorious achievement during the period June 1970 to April 1971. The applicant did not provide orders, and there are no BSM orders in his records. The applicant's records and ADCARS contain orders awarding him two Army Commendation Medals during the same approximate period of time.
ARMY | BCMR | CY2010 | 20100022171
The applicant's Official Military Personnel File (OMPF) is void of any orders or documents that indicate he was ever recommended for or awarded the BSM while serving in Vietnam or at any other time during his military service. There are no available general orders showing the applicant was awarded the BSM by the appropriate award authority. The applicant's DA Form 20 documents the BSM and ARCOM on the same entry; however, the BSM is lined through.
ARMY | BCMR | CY2012 | 20120012337
Application for correction of military records (with supporting documents provided, if any). 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 following: * Purple Heart * two Bronze Star Medals (BSM) * Army Commendation Medal (ARCOM) * Army Good Conduct Medal * two Certificates of Appreciation 2. Headquarters, Americal Division, General Orders Number 3875, dated 21 May 1969, with BSM Certificate,...
ARMY | BCMR | CY2008 | 20080015337
IN THE CASE OF: BOARD DATE: 20 November 2008 DOCKET NUMBER: AR20080015337 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2010 | 20100019360
There are no orders or any other evidence in his official military personnel file (OMPF) that show he was recommended for or awarded the ARCOM and/or BSM. In the absence of orders or any other corroborating evidence showing he was awarded or recommended for these awards, the citations and certificates alone are insufficient for basing a correction to his DD Form 214. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2010 | 20100027765
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). The applicant's record does not contain any orders that show award of the BSM. ____________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.
ARMY | BCMR | CY2013 | 20130008867
Application for correction of military records (with supporting documents provided, if any). He provided no orders showing he was awarded the BSM for this period and no evidence was found in his service personnel record or in ADCARS. Therefore, there is insufficient evidence to support adding award of the BSM to his DD Form 214.
ARMY | BCMR | CY2013 | 20130012603
The applicant provides copies of: * DD Form 214 (copy 1) * DA Form 759 (Individual Flight Record and Flight Certificate - Army), for the period from November 1970 to February 1971 * Certificate for award of the ARCOM with 3rd OLC for the period April 1969 to December 1970, dated 19 December 1970 * General Orders Number 3104, dated 17 February 1971, announcing award of the BSM for the period 16 February 1970 to 15 February 1971 (This order contains a hand-lettered entry indicating the order...
ARMY | BCMR | CY2011 | 20110001619
Application for correction of military records (with supporting documents provided, if any). 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 following: * Bronze Star Medal (BSM) * BSM with 1st Oak Leaf Cluster (1OLC) * Army Commendation Medal (ARCOM) 2. He provided no orders showing he was awarded the BSM, BSM (1OLC), or ARCOM and no evidence was found in his service personnel record or in ADCARS.
ARMY | BCMR | CY2012 | 20120019056
Application for correction of military records (with supporting documents provided, if any). 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). He states he was awarded the BSM for his actions in the Republic of Vietnam (RVN).