IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20120023018
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.
2. The applicant states, in effect, this award is not shown on his DD Form 214.
3. The applicant provides his DD Form 214 and Bronze Star Medal 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's records show he enlisted in the Regular Army on 13 July 1967 and he held military occupational specialty 67U (CH-47 Helicopter Repairman). He served in Vietnam from on or about 21 July 1968 to 20 July 1969 while assigned to Company A, 5th Transportation Battalion, 101st Airborne Division.
3. He was honorably released from active duty on 10 July 1970 and he was transferred to the U.S. Army Reserve. He completed 2 years, 11 months, and 28 days of creditable active service.
4. His DD Form 214 does not show award of the Bronze Star Medal.
5. There are no orders in his records showing award of the Bronze Star Medal.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal.
7. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.
8. The applicant provides:
a. a Bronze Star Medal Certificate issued by the Commanding General, 101st Airborne Division, dated 12 May 1969, wherein he was cited for award of the Bronze Star Medal for meritorious achievement in Vietnam during the period 1 August 1968 to 31 March 1969 and
b. a Bronze Star Medal Citation from the 101st Airborne Division, undated, wherein it stated the Bronze Star Medal was presented to the applicant for distinguishing himself by outstanding meritorious service in connection with ground operations against a hostile force in Vietnam during the period 1 August 1968 to 31 March 1969.
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:
The evidence of record is void of orders showing the applicant was awarded the Bronze Star Medal. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal. Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal.
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) AR20120023018
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ABCMR Record of Proceedings (cont) AR20120023018
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