BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130006904
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, in effect, 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) (2nd Award) with "V" Device.
2. He states he was told by his commanding officer in Vietnam that he would receive a BSM with "V" Device for an operation in August 1969, but he did not receive paperwork for the award. He was also told he would receive another BSM for meritorious achievement. He has a certificate for the latter award, but neither was entered on his DD Form 214.
3. He provides his BSM Citation, BSM Certificate, Honorable Discharge Certificate, and 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. On 21 January 1969, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 38 (Record of Assignments), he was assigned to duty in Vietnam with Company D, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade, from 5 July 1969 to 14 June 1970
* item 41 (Awards and Decorations), no entry for the BSM
4. On 20 January 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his military service obligation. His DD Form 214 does not show award of the BSM.
5. His Army Military Human Resource Record (formerly known as the Official Military Personnel File) does not contain orders awarding him the BSM.
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 orders awarding him the BSM.
7. He provides, in part:
* a BSM Citation showing he was awarded the BSM for meritorious service during the period June 1969 to June 1970
* a BSM Certificate, dated 6 June 1970, showing he was awarded the BSM for meritorious achievement during the period June 1969 to June 1970
8. Army Regulation 600-8-22 (Military Awards) states 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. The bronze "V" device is worn with the BSM to indicate acts of heroism involving conflict with an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
9. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award.
10. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a certificate and citation indicating he was awarded the BSM for the period June 1969 to June 1970. The sincerity of his claim is not questioned. Unfortunately, possession of an award certificate and citation does not automatically confer entitlement to an award.
2. There is no evidence indicating he was recommended for or awarded the BSM for heroism.
3. Absent orders awarding him this medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the BSM.
4. The applicant is advised that if he has a copy of orders awarding him the BSM for the period June 1969 to June 1970 or official documentation confirming that such orders were published, he may submit a request for reconsideration. If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature.
5. While the available evidence is insufficient for awarding the applicant the BSM for heroism, this in no way affects his/ right to pursue his claim for award of the BSM with "V" Device by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
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 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) AR20130006904
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