IN THE CASE OF:	  

		BOARD DATE:	  12 November 2013

		DOCKET NUMBER:  AR20130004646 


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) and two awards of the Army Commendation Medal (ARCOM).

2.  The applicant states that the awards are not recorded on his DD Form 214. He adds it is obvious from the documentation he provides that there was an administrative error and the awards should be recorded on his DD Form 214.

3.  The applicant provides copies of a BSM award certificate and citation and two ARCOM award certificates and citations.

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 on 11 October 1966.  He completed training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), service in Vietnam from 9 December 1967 to
27 August 1968; and

	b.  item 38 (Record of Assignments), assignment to Headquarters and Company A, 326th Medical Battalion, 101st Airborne Division (redesignated the 101st Air Cavalry Division), from 11 December 1967 through 8 August 1968.

	c.  Item 41 (Awards and Decorations) does not show the BSM or ARCOM.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 28 August 1968.

	a.  He completed 1 year, 10 months, and 18 days of net active service that included 8 months and 20 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the BSM or ARCOM.

5.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the BSM or ARCOM.

6.  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 award orders pertaining to the applicant.

7.  In support of his application the applicant provides copies of the following documents:

   a.  a BSM certificate and citation that shows the Commanding General (CG), 101st Airborne Division, awarded him the BSM on 22 October 1968 for meritorious achievement in ground operations against hostile forces in Vietnam during the period 1 January to 31 August 1968;

   b.  an ARCOM certificate and citation that shows the CG, 101st Air Cavalry Division, awarded him the ARCOM on 13 September 1968 for exceptionally meritorious achievement during the period 1 April to 21 May 1968; and
   c.  an ARCOM certificate and citation that shows the CG, 101st Airborne Division, awarded him the ARCOM on 6 September 1968 for exceptionally meritorious achievement during the period 1 March to 31 July 1968.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.

	b.  The ARCOM is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. 

	c.  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 contends that his DD Form 214 should be corrected to show award of the BSM and two awards of the ARCOM.

2.  The applicant provided evidence showing the CG, 101st Airborne Division/ 101st Air Cavalry Division issued him a BSM certificate (with citation) for the period 1 January to 31 August 1968, ARCOM certificate (with citation) for the period 1 April to 21 May 1968, and ARCOM certificate (with citation) for the period 1 March to 31 July 1968.  However, there is no evidence of record that shows the awards were announced in orders.  Therefore, there is an insufficient evidentiary basis for correcting the applicant's DD Form 214 to show the awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x____  DENY APPLICATION
 BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20130004646



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ABCMR Record of Proceedings (cont)                                         AR20130004646



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