IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130004101
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 he was awarded the Bronze Star Medal (BSM).
2. The applicant states, in effect, it was an oversight made at the time of his discharge from active duty.
3. The applicant provides a BSM Certificate and 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 enlisted in the Regular Army on 9 January 1967 for a period of 3 years. He completed training as a combat engineer. On 22 July 1968, he was honorably discharged for the purpose of immediate reenlistment.
3. On 23 July 1968, he reenlisted for 3 years. He arrived in Vietnam on
4 September 1968 and was assigned to the 87th Engineer Company, 199th Infantry Brigade.
4. On 27 August 1969, the applicant departed Vietnam en route to the United States. On 22 July 1971, he was honorably released from active duty at the expiration of his term of service.
5. His DD Form 214 for this period of service shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
6. The applicant's Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), does not contain any orders showing he was awarded the BSM.
7. 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 Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.
8. The applicant provides a copy of a certificate showing he was awarded the BSM for meritorious achievement in ground operations against hostile forces from September 1968 to September 1969. He also submits a citation showing he was awarded the BSM for exceptionally meritorious service in connection with military operations against an armed hostile force in the Republic of Vietnam from September 1968 to September 1969.
9. 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 contentions have been noted and his supporting evidence has been considered.
2. Although he submits a BSM Certificate and citation showing he was awarded the BSM a review of his AMHRR and ADCARS failed to reveal any orders awarding him the BSM.
3. In accordance with the applicable regulation, formal recommendations, approval through the chain of command, and announcement in orders are required for award of the BSM. Absent the orders, there is an insufficient evidentiary basis for granting the applicant's 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.
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