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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130007537
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