BOARD DATE: 14 May 2013
DOCKET NUMBER: AR20120019056
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 was awarded the BSM for his actions in the Republic of Vietnam (RVN). He states he served in the RVN from 6 June 1969 to 10 February 1970 and was wounded in action on 3 February 1970. He adds that he received his discharge papers through the mail and all of his award letters and citations were included in the paperwork, but he cannot find them.
3. He provides his DD Form 214 and Retirement Orders, dated 17 December 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 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. The applicant was inducted into the Army of the United States on 1 November 1967. On 5 November 1967, he was discharged for immediate enlistment which was accomplished the following day. He served in the RVN from 6 June 1969 to 18 February 1970. He was honorably retired due to permanent disability on
28 December 1970.
3. His DD Forms 214 do not show award of the BSM.
4. There is no entry on his DA Form 20 (Enlisted Qualification Record) showing he was awarded the BSM.
5. 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.
6. 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. The applicant's request for correction of his DD Form 214 to show award of the BSM was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, the BSM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders. The applicant's record to include ADCARS is void of any documents or orders indicating he was ever recommended for or awarded the BSM by proper authority during his active duty tenure.
3. Absent any evidence of record confirming award of the BSM, there is an insufficient evidentiary basis to support adding this award to his DD Form 214.
4. This action in no way diminishes the sacrifices made by the applicant in 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) AR20120019056
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ABCMR Record of Proceedings (cont) AR20120019056
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