IN THE CASE OF:
BOARD DATE: 7 May 2013
DOCKET NUMBER: AR20120018842
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 his award of the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 February 1973.
2. The applicant states he would like to have this award added to his
DD Form 214.
3. The applicant provides his:
* DD Form 214 with an effective date of 27 February 1970
* DD Form 214 with an effective date of 20 February 1973
* Bronze Star Medal Certificate, dated 8 October 1970
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. On 16 April 1969, he enlisted in the Regular Army for 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).
3. On 19 November 1969, he was assigned to the 2nd Battalion, 20th Infantry in the Republic of Vietnam.
4. On 27 February 1970, he was discharged to immediately reenlist. His
DD Form 214 does not show he was awarded the Bronze Star Medal. On
28 February 1970, he immediately reenlisted for 3 years.
5. On 20 February 1973, he was released from active duty. His DD Form 214 does not show he was awarded the Bronze Star Medal.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Bronze Star Medal.
7. There are no orders in his Military Personnel Records Jacket (MPRJ) for the award of the Bronze Star Medal.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Bronze Star Medal.
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:
1. His DA Form 20 does not indicate he was awarded the Bronze Star Medal. There are no orders in his MPRJ awarding him the Bronze Star Medal. A review of ADCARS failed to reveal any orders awarding him the Bronze Star Medal.
2. Therefore, there is insufficient evidence in this case to add the award of the Bronze Star Medal to his DD Form 214.
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) AR20120018842
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ABCMR Record of Proceedings (cont) AR20120018842
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