IN THE CASE OF:
BOARD DATE: 26 November 2013
DOCKET NUMBER: AR20130005395
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 and the Army Commendation Medal.
2. The applicant states the requested awards were omitted.
3. The applicant provides his DD Form 214.
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 into the Army of the United States and entered active duty on 8 May 1969. He was trained in and held military occupational specialty 12B (Combat Engineer).
3. He served in Vietnam from 9 October 1969 to 16 November 1970. He was assigned to the 87th Engineer Company, 199th Infantry Brigade, and at some point, he was transferred to Company D, 65th Engineer Battalion.
4. He was honorably released from active duty in the rank of private/E-2 on 17 November 1970. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
5. There are no orders in his records that show he was recommended for or awarded the Bronze Star Medal and/or the Army Commendation 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 or Army Commendation Medal for him.
7. His DA Form 20 (Enlisted Qualification Record) does not list the requested awards.
8. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. The Army Commendation Medal may be 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. 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 recommended for or awarded the Bronze Star Medal and the Army Commendation Medal. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal and the Army Commendation 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) AR20130005395
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ABCMR Record of Proceedings (cont) AR20130005395
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