IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130004905
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 he was never issued the Bronze Star Medal while he was in the service and he never knew it was supposed to be listed on his DD Form 214. He was only made aware of the award while he was researching his ancestry.
3. The applicant provides a printout titled The U.S. National Archives & Records Administration (NARA).
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 19 July 1967. He served in Vietnam from 18 January 1969 to 1 March 1970 while assigned to the 3rd Battalion, 506th Infantry Regiment. He attained the rank/grade of private first class (PFC)/E-3 on 7 June 1969.
3. He was honorably released from active duty on 1 March 1970 in the rank of PFC and he was transferred to the U.S. Army Reserve.
4. The DD Form 214 he was issued does not show the Bronze Star Medal. His record is void of orders awarding him the Bronze Star Medal.
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal.
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 orders for the Bronze Star Medal pertaining to the applicant.
7. The applicant provides a printout from NARA, dated 6 March 2013, wherein it shows an individual with the same first and last name of the applicant and the grade of O-3 (or captain (CPT)/O-3). It shows the day, month and year the individual was eligible to return from overseas as 26 September 1969. It also shows the recommended/approved award of the Bronze Star Medal (Service) and the day, month and year the recommended award was received as 25 August 1969. This printout does not show the social security number (SSN) or the service number of the individual it pertains to.
8. 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 record is void of orders showing the applicant was awarded the Bronze Star Medal. The NARA printout he provides does not contain an SSN to verify that the information on the form pertains to him. In addition, it appears to pertain to an individual in the rank/grade of CPT/O-3 who has the same first and last name as the applicant. Regardless, 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) AR20130004905
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ABCMR Record of Proceedings (cont) AR20130004905
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