BOARD DATE: 13 August 2013
DOCKET NUMBER: AR20130001765
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, in effect, that the Bronze Star Medal (BSM) be awarded to his records.
2. The applicant states:
a. he was awarded the BSM for meritorious achievement in the Republic of Vietnam (RVN) during the period 1 August to 30 September 1969; and
b. while he received the BSM certificate, he never received the actual medal.
3. The applicant provides:
* Statement of Support
* 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 applicants 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 applicants 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 military record shows he was inducted into the Army of the United States and entered active duty on 23 April 1968. He was trained in and awarded military occupational specialty 13A (Field Artillery Basic).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 23 April 1968 to 20 January 1970. Item 41 (Awards and Decorations) does not include the BSM among its list of awards.
4. His Army Military Human Resource Record (AHMRR) (previously known as official military personnel file) does not contain any documents to show he was recommended for or awarded the BSM.
5. His AMHRR contains, Headquarters, 25th Infantry Division, General Orders Number 13137, dated 24 October 1969. It announced his award of the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force while serving in the RVN from 1 August 1969 to 30 September 1969.
6. On 22 January 1970, the applicant was released from active duty after completing 1 year and 9 months of creditable active duty service. The DD Form 214 issued him shows he earned the following awards:
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign medal
7. The applicant provides a letter from his wife wherein she supports his request for correction of his DD Form 214 to show award of the BSM. 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.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. It provides that with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
a. Paragraph 1-19 contains guidance on duplication of awards. It states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.
b. Paragraph 3-14 contains guidance on award of the BSM and states it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star.
DISCUSSION AND CONCLUSIONS:
1. The applicant claims entitlement to the BSM. There is insufficient evidence to support this claim.
2. 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. Further, the BSM is not included in Item 41 of his DA Form 20.
3. Finally, there are no BSM orders pertaining to the applicant on file in the ADCARS maintained by HRC. As a result, absent any evidence of record corroborating the information contained on the citation provided by the applicant, there is an insufficient evidentiary basis to support adding the BSM to his record and separation document at this late date.
4. The BSM citation provided by the applicant shows it was awarded for meritorious achievement in the RVN for the period 1 August to 30 September 1969. His AMHRR also contains an ARCOM order showing he received this award for the same reason and period. Given that the regulatory criteria prohibits duplicate awards to an individual or unit for the same act, achievement, or period of meritorious service, it is highly likely the appropriate award approval authority downgraded the recommendation for the applicant's BSM to the ARCOM.
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) AR20130001765
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