IN THE CASE OF:
BOARD DATE: 30 April 2013
DOCKET NUMBER: AR20120018418
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.
2. The applicant states this medal is not listed on his record.
3. The applicant provides his DD Form 214, two certificates, two letters, and a DA Form 2139 (Military Pay Voucher).
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's records show he was inducted into the Army of the United States on 8 November 1966 and he held military occupational specialty 91B (Medical Corpsman). He served in Vietnam from on or about 1 December 1967 to 23 October 1968 while assigned to the 3rd Battalion, 187th Infantry Regiment.
3. He was honorably released from active duty on 30 October 1968 and he was transferred to the U.S. Army Reserve. He completed 1 year, 11 months, and 23 days of creditable active service.
4. The DD Form 214 he was issued does not show the Bronze Star Medal. It does show award of the Army Commendation Medal.
5. There are no orders in his records showing award of the Bronze Star Medal.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal.
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 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.
8. The applicant provides:
a. A certificate, dated 5 November 1968, wherein it shows he was awarded the Bronze Star Medal for meritorious achievement in Vietnam during the period 1 January to 31 August 1968.
b. A letter addressed to the applicant, undated, from the Adjutant, 3rd Battalion, 187th Infantry, Vietnam, wherein it stated "enclosed are copies of orders, certificate, and citation for the ARCOM and Bronze Star Medal" which he had been awarded.
9. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
The evidence of record is void of orders showing the applicant was awarded the Bronze Star Medal. The governing Army 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. Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show 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) AR20120018418
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ABCMR Record of Proceedings (cont) AR20120018418
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