BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130000888
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 he was awarded the Bronze Star Medal and it should be recorded on his DD Form 214.
3. The applicant provides a copy of his Bronze Star Medal Certificate and 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 29 December 1967.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service), service in Vietnam from 26 May 1969 to 8 August 1970;
b. item 38 (Record of Assignments), assignment to the 175th Veterinary Detachment, U.S. Army Pacific Vietnam, from 30 May 1969 through 3 August 1970; and
c. item 41 (Awards and Decorations), no award of the Bronze Star Medal.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 8 August 1970.
a. He completed 2 years, 7 months, and 10 days of net active service that included 1 year, 2 months, and 12 days of foreign service.
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Bronze Star Medal.
5. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any award orders pertaining to the applicant.
7. The applicant provides a copy of Bronze Star Medal Certificate that shows the Commanding General, U.S. Army Medical Command-Vietnam (Provisional), awarded him the Bronze Star Medal on 23 July 1970 for meritorious achievement in ground operations against hostile forces in Vietnam during the period April 1969 to August 1970.
8. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
a. 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 in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.
b. 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 contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.
2. The applicant provided evidence showing the Commanding General, U.S. Army Medical Command-Vietnam (Provisional), issued a Bronze Star Medal Certificate to the applicant awarding him the Bronze Star Medal for the period April 1969 to August 1970. However, there is no evidence of record that shows the award was announced in orders. Therefore, there is an insufficient evidentiary basis for correcting the applicant's DD Form 214 to show this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X___ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20130000888
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