IN THE CASE OF:
BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120009564
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 he departed the Republic of Vietnam on 17 June 1970, due to the severe illness of a family member. Upon leaving, his commanding officer handed him a Bronze Star Medal Citation and the medal. On 22 June 1970, at the time of his discharge, his DD Form 214 did not include the Bronze Star Medal. He further states he suspects the omission was caused due to the urgency of his departure from the theater.
3. The applicant provides a copy of a Bronze Star Medal 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 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's records show he was appointed a Reserve Commissioned Officer, Army Medical Corps, on 21 December 1963. On 10 July 1968, he was ordered to active duty from the U.S. Army Reserve. His record shows he served in the Republic of Vietnam from 11 August 1969 to 17 June 1970.
3. On 22 June 1970, he was honorably discharged due to expiration of active duty commitment. His DD Form 214 does not show award of the Bronze Star Medal.
4. The applicant's DA Form 66 (Officer Qualification Record) does not show award of the Bronze Star Medal and his official military records do not contain any general orders which awarded him the Bronze Star Medal.
5. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any Bronze Star Medal orders for the applicant.
6. He submitted a Bronze Star Medal Citation which shows he was awarded the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period August 1969 through July 1970. He did not submit orders awarding him the medal.
7. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal was awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The citation he submitted which shows award of the Bronze Star Medal is noted; however, it is insufficient to grant him the requested relief without orders. The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Bronze Star Medal).
2. The applicant's sincerity is not in question. However, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal.
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) AR20120009564
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