BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20130000067
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 Certificate of Transfer or Discharge) to add the Bronze Star Medal and a Letter of Appreciation.
2. The applicant states he exited the Army before these awards could be added to his DD Form 214.
3. The applicant provides a Letter of Appreciation, dated 12 July 1971, a Certificate for Award of the Bronze Star Medal, dated 3 July 1984, and his
DD Form 214
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 enlisted in the Regular Army on 15 January 1970 and held military occupational specialty 94B (Cook). The highest rank/grade he attained while serving on active duty was specialist four/E-4.
3. His DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal among his awards. However, this form does show he was assigned to Vietnam with the 3rd Battalion (Airmobile), 18th Infantry Regiment from 13 July 1970 to 9 July 1971 and served as a cook.
4. His record does not contain a recommendation for or award of the Bronze Star Medal. Additionally, a review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.
5. His record contains a Letter of Appreciation, issued by the Commanding General, Headquarters, 101st Airborne Division (Airmobile), Vietnam, on 12 July 1971.
6. On 17 December 1971, he was released from active duty under honorable conditions. His DD Form 214 shows he completed 1 year, 10 months, and
3 days of net active service, of which 11 months and 27 days were credited as foreign service. His DD Form 214 does not list the Bronze Star Medal.
7. He provided a Certificate for Award of the Bronze Star Medal, dated 3 July 1984.
8. 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, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n 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:
1. There is no evidence in the available records that shows the applicant 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 of orders are required. The certificate he provided is insufficient by itself to show he was awarded the Bronze Star Medal, or to award him the Bronze Star Medal. In the absence of orders, or records showing his chain of command approved this award, there is insufficient evidence to correct his records to show this award.
2. Commanders may recognize acts, achievements, periods of faithful service, in Letters of Appreciation. Letters of Appreciation do not meet the standards required for decorations and there is no distinguishing device authorized for wear to indicate receipt of a Letter of Appreciation. Additionally, there is no provision to list a Letter of Appreciation on the DD Form 214.
3. Based on the foregoing evidence, there is an insufficient evidentiary basis to grant the 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) AR20130000067
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ABCMR Record of Proceedings (cont) AR20130000067
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