BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120019013
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 he never received the BSM which he personally earned while serving in Vietnam under hostile fire.
3. He provides newspaper articles; a memorandum pertaining to issuance of the Bronze Star Medal and his response, both dated 28 February 1985; and Congressional correspondence.
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. After having prior service in the U.S. Navy, the applicant enlisted in the Army National Guard (ARNG) on 15 December 1960. On 9 May 1962, he enlisted in the Regular Army where he served until he was discharged under honorable conditions on 20 February 1974. He again enlisted in the ARNG and entered active duty in the Active Guard Reserve Program on 28 June 1980. On 31 March 1989, he was honorably retired in the rank of sergeant first class.
3. His DA Form 20 (Enlisted Qualification Record) shows he was credited with three tours of duty in the Republic of Vietnam: 30 September 1965 through 30 November 1966, 12 February 1969 through 11 February 1970, and 5 June 1970 through 27 April 1971.
4. His DD Forms 214 do not show award of the BSM.
5. There is no entry in his DA Form 20 or DA Form 2-1 (Personnel Qualification Record Part II) showing he was awarded the BSM. Additionally, there is no evidence of any general orders awarding him the BSM.
6. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, was reviewed. This review failed to show any orders authorizing him award of the BSM.
7. He provides three newspaper articles stating he was awarded the BSM in Vietnam and the award was presented to him on 9 February 1970.
8. The applicant provided a memorandum from the Commander, Company D, 164th Engineer Combat Battalion, North Dakota ARNG, Dickinson, ND, to the U.S. Army Enlisted Records and Evaluation Center, dated 28 February 1985, in which he requested assistance with the applicant's original issue of the BSM. He stated the applicant was never presented or formally awarded the BSM. He said the only information they could gather locally was local newspaper clippings.
9. U.S. Army Vietnam Regulation 672-1 (Decorations and 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 meritorious 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant provided three newspaper articles indicating he was awarded the BSM, this is not sufficient evidence to warrant adding the BSM to his DD Form 214. He provided no orders showing he was awarded the BSM and no evidence was found in his service personnel records or in ADCARS.
2. In view of the foregoing, there is no basis for granting 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 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) AR20120019013
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ABCMR Record of Proceedings (cont) AR20120019013
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