BOARD DATE: 23 May 2013
DOCKET NUMBER: AR20120020411
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. The applicant states:
* he was awarded the BSM during his service in Vietnam
* the BSM was not recorded on his DD Form 214
3. The applicant provides a BSM certificate and citation.
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 28 March 1968.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) he served in Vietnam with Troop B,
1st Squadron, 1st Cavalry, 4th Infantry Division from 26 April 1969 to 31 August 1969;
b. item 38 he served in Vietnam with Troop B, 2d Squadron, 1st Cavalry Regiment, 4th Infantry Division from 1 September 1969 to 13 March 1970;
c. item 38 he received all "excellent" ratings for conduct and efficiency; and
d. item 41 (Awards and Decorations) no award of the BSM.
4. He submitted a BSM certificate and citation which indicates he was awarded the BSM for meritorious achievement during the period 19 March 1969 through 20 March 1970.
5. On 15 March 1970, he was honorably released from active duty. He completed 1 year, 11 months, and 18 days of total active service. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm
6. A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the BSM pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) 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 in 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:
There are no orders or other corroborating evidence in the applicant's record or in ADCARS, and the applicant did not provide sufficient evidence that confirms he was awarded a BSM. Therefore, there is an insufficient evidentiary basis for granting his 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 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) AR20120020411
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ABCMR Record of Proceedings (cont) AR20120020411
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