IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120008324
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, correction of his record to show he was awarded the Bronze Star Medal (BSM).
2. He states while serving with the Walter Reed Army Institute for Research from 1 February to 20 May 1967, he was told the BSM would be issued by 20 May 1967. He did not receive it.
3. He provides two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of his United States Uniformed Service Identification Card, and what appears to be an award 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. With prior service in the U.S. Air Force and U.S. Air Force Reserve, on 21 October 1965, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 91S (Preventive Medicine Specialist).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 19 December 1966 through 16 December 1967. Item 38 (Record of Assignments) shows he was assigned to the 20th Preventive Medicine Detachment during his service in Vietnam.
4. He was honorably discharged on 18 October 1968. The DD Form 214 issued at that time does not show he was awarded the BSM.
5. He continued his career in the Army National Guard and U.S. Army Reserve and completed 20 years, 4 months, and 11 days of service qualifying for retirement. Effective 7 May 2002, he was placed on the Army of the United States Retired list.
6. His record is void of documentation showing he was awarded the BSM.
7. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the BSM to him.
8. He provides what appears to be a citation for an unspecified award. The citation states, in part, he "distinguished himself through exceptionally meritorious achievement while serving as a Preventive Medicine Technician, attached to the U.S. Army Medical Research Team (Walter Reed Army Institute of Research), Vietnam, during the period 1 February through 20 May 1967."
9. 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 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 evidence of record does not support the applicant's request for correction of his record to show he was awarded the BSM.
2. The available records do not include a formal recommendation for award of the BSM approved by an appropriate authority or orders announcing award of the BSM. Regrettably, in the absence of such documentation, there is no basis for correcting his record to show he was awarded the BSM.
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) AR20120008324
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ABCMR Record of Proceedings (cont) AR20120008324
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