IN THE CASE OF:
BOARD DATE: 25 July 2013
DOCKET NUMBER: AR20130000444
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 his award of the BSM does not appear on his DD Form 214 or his DD Form 215 (Correction to DD Form 214).
3. The applicant provides his BSM 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 25 August 1967. He completed initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 8 February 1968 through 3 February 1969.
4. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company C, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade (Light), during his service in Vietnam.
5. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
6. Item 41 contains several separate, hand-written pencil entries as follows:
* "BS" 9 December 1968
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
7. On 22 August 1969, he was honorably released from active duty in the rank/pay grade of sergeant/E-5. His DD Form 214 shows he completed 1 year, 11 months, and 28 days of net service during this period including 11 months and 26 days of foreign service in Vietnam.
8. His DD Form 214 does not show he was awarded the BSM.
9. His record is void of orders showing he was awarded the BSM.
10. 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 showing he was awarded the BSM.
11. On 18 May 2012, he was issued a DD Form 215 deleting award of the Vietnam Service Medal and adding the following awards:
* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
12. The applicant provides a BSM Citation that shows he was cited for award of the BSM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period February 1968 through February 1969. He did not provide orders awarding him this medal.
13. 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:
1. The applicant's request for correction of his DD Form 214 to show award of the BSM was carefully considered.
2. Army Regulation 600-8-22 states formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the BSM).
3. Notwithstanding the pencil entry in item 41 of his DA Form 20, there are no other record entries and no orders or documents on file that indicate he was ever awarded the BSM by proper authority. Typically, pencil entries are non-permanent entries, leaving room for doubt as to whether the award was ultimately approved in this case. The BSM Citation he submitted is noted; however, without orders, there is no definitive proof showing he was awarded the BSM.
4. The applicant's sincerity is not in question. However, in the absence of official orders, there is insufficient evidence to correct his records to show award of the BSM.
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) AR20100015543
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ABCMR Record of Proceedings (cont) AR20130000444
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