IN THE CASE OF:
BOARD DATE: 6 August 2013
DOCKET NUMBER: AR20130001375
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 he never received orders for the BSM or an updated DD Form 214 showing award of the BSM.
3. The applicant provides a DA Form 2496 (Disposition Form), dated 22 October 1970, subject: Authorized Awards.
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 11 June 1969. He was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of initial entry training.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 11 November 1969 through 23 October 1970. His DA Form 20 does not show award of the BSM.
4. There are no orders or other evidence in his military records that indicate he was recommended for or awarded the BSM.
5. He was honorably released from active duty on 10 June 1971. His DD Form 214 does not list award of the BSM.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for the BSM pertaining to the applicant.
7. He provided a DA Form 2496, dated 22 October 1970, subject: Authorized Awards, in which his company commander indicated he was authorized to wear the BSM for achievement and the Air Medal and that orders for the awards were pending.
8. 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 contention that his DD Form 214 should be corrected to show award of the BSM has been carefully considered.
2. There are no orders or other evidence in his military records or in the ADCARS data base that show he was awarded the BSM.
3. In the absence of orders showing he was awarded the BSM, the DA Form 2496 he provided is insufficient evidence in and of itself on which to base correcting his DD Form 214 to show this award.
4. In view of the foregoing, there is no 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 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) AR20130001375
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130001375
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100014448
Without orders confirming initial and subsequent awards of the ARCOM or a second award of the BSM, there is insufficient evidence with which to add these awards to his DD Form 214 at this time. ____________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) AR20100014448 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2012 | 20120020411
The applicant states: * he was awarded the BSM during his service in Vietnam * the BSM was not recorded on his DD Form 214 3. DISCUSSION AND CONCLUSIONS: There are no orders or other corroborating evidence in the applicant's record or in ADCARS, and the applicant did not provide sufficient evidence that confirms he was awarded a BSM. __________x________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2008 | 20080016109
While the applicant has provided three BSM Certificates, orders for only two of those awards are in the applicant's records. The applicant's contention that his award of the Air Medal with 12 OLCs should be added to his records has been noted; however, he has failed to show through the evidence submitted with his application and the available evidence of record that he was awarded 13 awards of the Air Medal or that he was entitled to 13 awards of the Air Medal. As a result, the Board...
ARMY | BCMR | CY2012 | 20120019056
Application for correction of military records (with supporting documents provided, if any). 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). He states he was awarded the BSM for his actions in the Republic of Vietnam (RVN).
ARMY | BCMR | CY2014 | 20140011717
His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments) he served in Vietnam with Headquarters and Headquarters Battery, II Field Force Artillery from 30 May 1969 to 8 May 1970; and b. item 41 (Awards and Decorations) no award of the BSM. DISCUSSION AND CONCLUSIONS: There are no orders or other corroborating evidence that confirm the applicant was awarded a BSM. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2013 | 20130001765
Application for correction of military records (with supporting documents provided, if any). He also provides a BSM citation that indicates he was awarded the BSM for meritorious achievement in the RVN during the period 1 August to 30 September 1969. The evidence of record in this case is void of any orders or other documents that indicate the applicant was recommended for or awarded the BSM by proper authority while serving on active duty.
ARMY | BCMR | CY2013 | 20130012603
The applicant provides copies of: * DD Form 214 (copy 1) * DA Form 759 (Individual Flight Record and Flight Certificate - Army), for the period from November 1970 to February 1971 * Certificate for award of the ARCOM with 3rd OLC for the period April 1969 to December 1970, dated 19 December 1970 * General Orders Number 3104, dated 17 February 1971, announcing award of the BSM for the period 16 February 1970 to 15 February 1971 (This order contains a hand-lettered entry indicating the order...
ARMY | BCMR | CY2014 | 20140016941
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the BSM. The applicant's record, to include ADCARS, is void of any documents or orders indicating he was ever recommended for or awarded the BSM with "V" device...
ARMY | BCMR | CY2012 | 20120012337
Application for correction of military records (with supporting documents provided, if any). 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 following: * Purple Heart * two Bronze Star Medals (BSM) * Army Commendation Medal (ARCOM) * Army Good Conduct Medal * two Certificates of Appreciation 2. Headquarters, Americal Division, General Orders Number 3875, dated 21 May 1969, with BSM Certificate,...
ARMY | BCMR | CY2008 | 20080015337
IN THE CASE OF: BOARD DATE: 20 November 2008 DOCKET NUMBER: AR20080015337 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.