BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130004124
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 the Bronze Star Medal.
2. The applicant states his DD Form 214 does not show this award.
3. The applicant provides:
* Orders 12-1075080
* DD Form 214
* Certificate showing award of the Bronze Star Medal
* Certificate showing award of the Army Commendation Medal
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. Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army and entered active duty on 28 May 1970. He served in Vietnam from 31 July 1971 to 9 January 1972.
3. He was honorably released from active duty in the rank of captain on 12 January 1972. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Army Commendation Medal
* Overseas Service Bar
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device
4. There are no orders in his reconstructed record that show he was awarded the Bronze Star Medal.
5. 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 for the Bronze Star Medal for him.
6. His DA Form 66 (Officer Qualification Record) which would have shown his unit of assignment in Vietnam is not available for review with this case. Likewise, assignment and/or attachment orders are not available for review with this case.
7. He provides a certificate, dated 10 January 1972, which shows he was awarded the Bronze Star Medal for meritorious achievement during the period
15 August to 6 October 1971 in Vietnam.
8. He also provides a certificate, dated 13 April 1971, which show he was awarded the Army Commendation Medal for meritorious service from 15 June 1970 to 25 June 1971 while assigned to the 1st Armored Division at Fort Hood, TX.
9. He appears to have served in the U.S. Army Reserve after his release from active duty. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) listed the Army Commendation Medal but not the Bronze Star Medal.
10. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
There is insufficient evidence in the available record that shows he was awarded the Bronze Star Medal. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required. In the absence of orders or any other corroborating documents, 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.
ABCMR Record of Proceedings (cont) AR20130004124
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ABCMR Record of Proceedings (cont) AR20130004124
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