IN THE CASE OF:
BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120018817
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 military service records to show award of the Bronze Star Medal (BSM).
2. The applicant states he has orders showing he was awarded the BSM in the Republic of Vietnam (RVN), but he never received the award and it does not show on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant states there was no ceremony for the award, and he believes the award should be for valor. He further states he would like to have the award presented on Veterans Day by his Congressman or Senator.
3. The applicant provides:
* his DD Form 214
* a memorandum from Headquarters, 69th Maintenance Battalion, dated
15 November 1969
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 was inducted into the Army of the United States on 10 July 1968. He completed training and he was awarded military occupational specialty 43K (Canvas Repairman).
3. He arrived in the RVN on 18 December 1968 and he was assigned to the 577th Maintenance Company.
4. He departed the RVN on 17 December 1969 en route to Fort Benning, GA for his next duty assignment.
5. Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the BSM.
6. On 9 July 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years of total active service.
7. His DD Form 214 does not show award of the BSM.
8. There are no orders in the applicant's service personnel records and he did not provide any orders awarding him the BSM.
9. He submitted a memorandum from Headquarters, 69th Maintenance Battalion, dated 15 November 1969. This memorandum was written to his gaining unit and shows transmittal of a BSM awarded to the applicant with a request that presentation be made. The memorandum does not cite the orders that authorized the award.
10. Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the BSM pertaining to the applicant.
11. U.S. Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation stated the BSM may have been awarded for heroism, 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.
12. Army Regulation 600-8-22 (Military Awards), currently in effect, 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 n 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 applicants request to add the BSM to his record was carefully considered.
2. There are no orders in the applicant's service personnel records and the applicant did not provide any orders awarding him the BSM. Regrettably, the memorandum for transmittal of the BSM alone is insufficient evidence to show he is authorized the award.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20120018817
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120018817
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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