IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120010799
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 records to show award of the Bronze Star Medal.
2. The applicant states he was awarded the Bronze Star Medal for his service in the Republic of Vietnam.
3. The applicant provides a copy of a DA Form 4980-5 (Bronze Star Medal) certificate in support of his request.
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 was inducted on 28 April 1970. He was awarded military occupational specialty 71H (Personnel Specialist).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service): Vietnam beginning 10 October 1970; and
b. item 38 (Record of Assignments):
* Headquarters and Headquarters Company, 313th Radio Research Battalion, from 18 October 1970 through 2 June 1971
* Field Station Pleiku (Provisional), from 3 June through 29 September 1971
* Headquarters and Headquarters Company, 330th Radio Research Field Station, from 30 September through 27 October 1971
c. Item 41 (Awards and Decorations) does not show the Bronze Star Medal.
4. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on
7 November 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
a. He completed 1 year, 6 months, and 10 days of active service this period that included 1 year and 27 days of foreign service.
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Bronze Star Medal.
5. A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Bronze Star Medal.
6. 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 orders for the Bronze Star Medal pertaining to the applicant.
7. In support of his application, the applicant provides a copy of a Bronze Star Medal certificate that shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against a hostile force in the Republic of Vietnam during the period 1 July to 30 September 1971. The certificate shows Brigadier General George E. W___, Commanding General, signed the certificate on 10 December 1971.
8. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The Bronze Star Medal 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 applicant's request for award of the Bronze Star Medal was carefully considered.
2. The Bronze Star Medal certificate the applicant provides shows that his former commanding general awarded him the Bronze Star Medal for meritorious achievement in the Republic of Vietnam during the period 1 July to 30 September 1971. However, it offers insufficient evidence to support correction of his records to show award of the Bronze Star Medal.
3. There are no orders or Army records that show the applicant was awarded the Bronze Star Medal. The governing regulation states that for all personal decorations, announcement in orders is required.
4. Therefore, there is insufficient evidence to support the applicant's request.
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) AR20120010799
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ABCMR Record of Proceedings (cont) AR20120010799
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