IN THE CASE OF:
BOARD DATE: 20 June 2012
DOCKET NUMBER: AR20120020526
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, the widow of a deceased former service member (FSM), requests award of Bronze Star Medal for the FSM.
2. The applicant states:
* the medal is missing on the FSM's DD Form 214 (Report of Separation from Active Duty)
* the veteran's cemetery requires documentation in order to place the medal on the FSM's headstone
* the family desires the FSM's records to be checked
3. The applicant provides:
* Certificate of Death
* letter, National Personnel Records Center (NPRC), dated 15 October 2012
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. On 17 February 1971, the FSM enlisted in the Regular Army for a 3-year period. He completed training and was awarded military occupational specialty 36K (Field Wireman).
3. The FSM served in Vietnam during the period 28 April 1971 to 21 February 1972. He was assigned to the following units while in Vietnam:
* Company B, 2d Battalion, 503d Infantry, 173d Airborne Brigade, 4 May 1971 to 10 May 1971
* Headquarters and Headquarters Company, 2d Battalion, 503d Infantry, 173d Airborne Brigade, 11 May 1971 to 14 July 1971
* Headquarters and Headquarters Battery, 6th Battalion, 11th Artillery, 21 July 1971 to 17 October 1971
* Battery B, 3d Battalion, 82d Artillery, 18 October 1971 to 19 November 1971
* Battery A, 3d Battalion, 82d Artillery, 20 November 1971 to 20 February 1972
4. The FSM was honorably released from active duty on 21 February 1974 and transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 he was issued at the time does not show award of the Bronze Star Medal.
5. His records do not contain orders awarding him the Bronze Star Medal. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the FSM.
7. 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. The applicant's request for award of the Bronze Star Medal to the FSM was carefully considered.
2. There is no evidence in the available record that shows the FSM was awarded the Bronze Star Medal. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.
3. In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20120020526
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ABCMR Record of Proceedings (cont) AR20120020526
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