IN THE CASE OF:
BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130008114
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 his records be corrected to show award of a second Bronze Star Medal.
2. The applicant states he received two Bronze Star Medals but only one is shown on his DD Form 214 (Report of Transfer or Discharge).
3. The applicant provides copies of his DD Form 214, two Bronze Star Medal award certificates and citations, and Headquarters, 101st Airborne Division General Orders Number 6557.
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 on 9 January 1968, completed training, and was awarded the military occupational specialty 94B (Cook).
3. His DA Form 20 (Enlisted Qualification Record) provides the following:
* advancement to specialist four
* service in Vietnam with the 101st Administrative Company, 101st Air Cavalry Division from 19 through 26 September 1968 and with Headquarters and Headquarters Company, 501st Signal Battalion from 27 September 1968 through 8 September 1969
* conduct and efficiency ratings of exclusively "excellent"
* service during two campaign periods
* award of the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
4. Headquarters, 101st Airborne Division General Orders Number 6557, dated
9 June 1969, awarded the applicant the Bronze Star Medal for the period
1 September 1968 through 30 April 1969. An award citation and award certificate show the same dates as shown in the orders.
5. The second award citation and award certificate show award of the Bronze Star Medal for the period 1 November 1968 through 30 June 1969 with the award being presented on 23 July 1969. The applicant did not provide and the record does not contain orders for this award.
6. The applicant was released from active duty on 11 September 1969. His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Parachutist Badge, and the Bronze Star Medal.
7. The applicant's official record contains no copies of any award orders.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any award.
9. Army Regulation 600-8-22 (Military Awards) states 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. While the applicant has provided copies of award certificates and citations for two Bronze Star Medals, there is only one set of award orders available.
2. Further, the time frames for both awards overlap for the majority of the periods covered.
3. Without orders to verify the second award as a valid award, there is insufficient evidence to grant the applicant's request.
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) AR20130008114
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ABCMR Record of Proceedings (cont) AR20130008114
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