BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130008102
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.
2. The applicant states his unit awarded the Bronze Star Medal to all the infantrymen who served 10 months or more in the field. He was wounded on two occasions and each time he was willing to go back.
3. The applicant did not provide any additional documentation in support of his request.
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 (RA) on 10 November 1969. He held military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) that he was assigned to Company D, 1st Battalion, 52d Infantry, 198th Brigade, in Vietnam from October 1970 to October 1971 and
b. item 41 (Awards and Decorations) that the Bronze Star Medal is not listed as an authorized award.
4. He was honorably released from active duty on 15 May 1972 in the rank of sergeant (SGT)/E-5. He had completed 2 years, 6 months, and 6 days of active duty service. His DD Form 214 ending 15 May 1972 does not list the Bronze Star Medal as an authorized award.
5. He reenlisted in the RA on 20 June 1972.
6. His DA Form 2-1 (Personnel Qualification Record - Part II) does not show he was awarded the Bronze Star Medal.
7. He was retired due to length of service on 30 November 1991 as a sergeant first class (SFC)/E-7. His DD Form 214 shows he had completed a total of
22 years, 11 months, and 10 days of active duty service. It does not show 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, revealed he was awarded the Bronze Star Medal by General Orders Number 10626, Headquarters, 23d Infantry Division, dated
23 September 1971, for the period 29 January to 10 October 1971.
DISCUSSION AND CONCLUSIONS:
1. General orders show he was awarded the Bronze Star Medal.
2. Both DD Forms 214 should be corrected to show this award.
BOARD VOTE:
__X___ __X______ ___X_____ GRANT FULL RELIEF
________ ________ ______ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
adding the Bronze Star Medal to his 15 May 1972 and 30 November 1991
DD Forms 214.
__________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) AR20100025029
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ABCMR Record of Proceedings (cont) AR20130008102
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