Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130007537
Original file (20130007537.txt) Auto-classification: Denied

		IN THE CASE OF: 

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130007537 


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.  The applicant also requests copies of his medical records and issuance of all of his awards.

2.  The applicant states he has the Bronze Star Medal Certificate, but the award was never added to his DD Form 214.  He served his country faithfully and has earned the right to have the award listed on his DD Form 214.
 
3.  The applicant provides copies of his DD Form 214 and 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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

3.  The applicant's service medical records are not available.  It is presumed the records are in the custody of the Department of Veterans Affairs (VA).  The applicant is advised to contact the VA to request his medical records.  Therefore, this matter will not be further discussed in this Record of Proceedings.

4.  The applicant was inducted into the Army of the United States on 7 July 1961, served 2 years as an infantryman, and was released from active duty on 6 July 1963.  He enlisted in the Regular Army on 1 October 1963.  He completed training and was awarded military occupational specialty 31G (Tactical Communications Chief).

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

	a.  item 31 (Foreign Service), service in Vietnam from 28 August 1967 through 25 August 1968;

	b.  item 38 (Record of Assignments), assignment to Company C, 720th Military Police Battalion, from 1 September 1967 through 25 August 1968; and

	c.  item 41 (Awards and Decorations), no Bronze Star Medal.

6.  The applicant's DD Form 214 shows he was honorably discharged on          30 September 1968 in the rank/pay grade of staff sergeant/E-6.  He completed a total of 8 years, 2 months, and 24 days of active service.  The Bronze Star Medal is not listed among his awards.

7.  A review of the applicant's military personnel records failed to reveal any orders showing he was awarded 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 award orders pertaining to the applicant.



9.  The applicant provides a copy of a Bronze Star Medal Certificate showing he was awarded the Bronze Star Medal on 9 August 1968 for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period August 1967 to August 1968.

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

	a.  The Bronze Star Medal 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.  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 Bronze Star Medal.

2.  The applicant provided a copy of a Bronze Star Medal Certificate showing he was awarded the Bronze Star Medal on 9 August 1968 for meritorious achievement from August 1967 to August 1968.  Unfortunately, there is no evidence of record that shows this award was announced in orders.  Therefore, there is an insufficient evidentiary basis for correcting the applicant's DD Form 214 to show this award.

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)                                         AR20130004646



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007537



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120006701

    Original file (20120006701.txt) Auto-classification: Approved

    The applicant requests, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 28 September 1968, to show the: * Combat Service Commemorative Medal * Overseas Service Ribbon * Defense Meritorious Service Medal * Joint Service Commendation Medal * American Campaign Medal * Cold War Commemorative Victory Medal * Foreign Expeditionary Commemorative Medal * Vietnam Defense Commemorative Medal * Honorable Service...

  • ARMY | BCMR | CY2011 | 20110019525

    Original file (20110019525.txt) Auto-classification: Approved

    The applicant provides: * DD Forms 214 for the periods ending 7 June 1963 and 13 September 1968 * Letter from the National Personnel Records Center * Citation for award of the Bronze Star Medal * DA Form 20 (Enlisted Qualification Record) * DA Form 24 (Service Record) CONSIDERATION OF EVIDENCE: 1. He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting from his DD Form 214...

  • ARMY | BCMR | CY2012 | 20120005685

    Original file (20120005685.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his second award of the Bronze Star Medal and award of the Meritorious Service Medal. There is no evidence of record and the applicant did not provide any evidence that shows he was recommended for or awarded the Bronze Star Medal by official orders. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD...

  • ARMY | BCMR | CY2012 | 20120001453

    Original file (20120001453.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Presidential Unit Citation * Four awards of the Purple Heart * Special Operations Commemorative Medal * Joint Service Commendation Medal * Korea Defense Service Medal * Air Assault Badge * Republic of Vietnam Gallantry Cross 2. Additionally, it would also be appropriate to amend GO Number 162, issued by Headquarters, 12th Support Brigade, Fort Bragg, NC, on 12...

  • ARMY | BCMR | CY2008 | 20080009033

    Original file (20080009033.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal with three silver oak leaf clusters. His DD Form 214 for the period ending 18 August 1967 shows the Vietnam Service Medal with two bronze service stars, the Army Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal with one silver oak leaf cluster and four bronze oak leaf clusters, the National Defense Service...

  • ARMY | BCMR | CY2013 | 20130015390

    Original file (20130015390.txt) Auto-classification: Approved

    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. His retirement DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Expert Infantryman Badge * Drill Sergeant Badge * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge * Purple...

  • ARMY | BCMR | CY2011 | 20110001230

    Original file (20110001230.txt) Auto-classification: Approved

    Furthermore, the evidence of record shows the applicant was awarded the Air Medal (9th OLC) with "V" Device for heroism which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. The evidence of record shows the applicant served in Korea from 19 August 1962 to 20 July 1963. By regulation, he served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show one...

  • ARMY | BCMR | CY2011 | 20110005372

    Original file (20110005372.txt) Auto-classification: Approved

    The applicant's DA Form 24A (Service Record), covering the period of service from 7 December 1948 through 16 October 1951, shows in: a. section 7 (Combat Record): Chinese Communist Forces (CCF) Intervention, First United Nations (UN) Counteroffensive, and CCF Spring Offensive campaigns; b. section 9 (Remarks - Administrative): he was discharged on 16 October 1951, his character and efficiency were both rated as "excellent," and he had 34 months and 10 days of continuous service credit toward...

  • ARMY | BCMR | CY2011 | 20110009944

    Original file (20110009944.txt) Auto-classification: Approved

    The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification in Arms) he qualified: * Sharpshooter with the M-14 Rifle on 29 April 1966 * Expert with the M-60 Machinegun on 7 July 1966 * Sharpshooter with the M-16 Automatic Rifle on 1 July 1966 b. item 31 (Foreign Service) Republic of Vietnam (RVN) from 13 September 1966 through 21 August 1968; c. item 38 (Record of Assignments) he was assigned to the: (1) 68th Assault Helicopter Company, from 27 September...

  • ARMY | BCMR | CY2013 | 20130015387

    Original file (20130015387.txt) Auto-classification: Approved

    Accordingly, he should be awarded this medal. Records show that the applicant participated in six campaign periods during his service in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the following awards: * Vietnam Service Medal * Bronze Star Medal * Army Commendation Medal b. awarding him the Army Good Conduct Medal (1st award) for the period 14 October 1965 to 6 October...