BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120012480
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 (BSM).
2. He states the BSM was overlooked and not added to his DD Form 214.
3. He provides his 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 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. On 27 June 1968, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 76J (Medical Supply Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to duty in Vietnam with the 8th Field Hospital from 26 July 1969 to 16 June 1970.
4. On 19 June 1970, he was honorably released from active duty. His DD Form 214 does not show award of the BSM.
5. His record is void of documentation showing he was awarded the BSM.
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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding him the BSM.
7. He provides:
a. a BSM Certificate showing he was awarded the BSM for meritorious achievement during the period June 1969 to June 1970 and
b. a BSM Citation showing he was awarded the BSM for meritorious service during the period June 1969 to June 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 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 DD Form 214 to show award of the BSM.
2. Unfortunately, the certificate and citation are an insufficient basis for adding an award to a DD Form 214.
3. 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 to him. Regrettably, in the absence of such documentation, there is an insufficient basis upon which to correct his DD Form 214 to show award of 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 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) AR20120012480
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ABCMR Record of Proceedings (cont) AR20120012480
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