BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130004569
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 (Report of Separation from Active Duty) to show the Bronze Star Medal.
2. The applicant states, in effect, neither his DD Form 214 for the period ending 28 July 1971 nor his final DD Form 214 shows the Bronze Star Medal.
3. The applicant provides two DD Forms 214 and a Bronze Star Medal Certificate.
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 (RA) on 1 October 1969. He served in Vietnam from 10 June 1970 to 9 June 1971. The specific unit he was assigned to during his service in Vietnam is unknown. On 28 July 1971, he was honorably discharged for the purpose of immediate reenlistment.
3. The DD Form 214 he was issued for this period of service does not show the Bronze Star Medal.
4. He reenlisted in the RA on 29 July 1971. He was honorably discharged on 5 August 1977.
5. The DD Form 214 he was issued for this period of service does not show the Bronze Star Medal.
6. There are no orders in his records showing award of the Bronze Star Medal.
7. Item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show the Bronze Star Medal.
8. 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 pertaining to the applicant.
9. The applicant provides a Bronze Star Medal Certificate issued by the Commanding General, 101st Airborne Division, dated 1 April 1971, wherein he was cited for award of the Bronze Star Medal for meritorious achievement in Vietnam during the period 30 June 1970 to 1 April 1971.
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:
The evidence of record is void of orders showing the applicant was awarded the Bronze Star Medal. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal. Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal.
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) AR20130004569
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ABCMR Record of Proceedings (cont) AR20130004569
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