BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130008635
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 the correct spelling of his last name as "Towns---" vice "Tows---" and award of the Bronze Star Medal (BSM).
2. He states the spelling of his last name has been wrong for many years. He also states he was sent the BSM in 1972, but lost the paperwork years ago.
3. He provides his DD Form 214 and birth 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. The applicant was inducted into the Army of the United States on 26 February 1970. His DD Form 47 (Record of Induction) shows the spelling of his last name as "Towns---" and his name appears this way consistently throughout his records. He served in Vietnam from 18 August 1970 to 26 October 1971. He was released from active duty on 26 October 1971 and he was credited with 1 year, 7 months, and 5 days of total active service.
3. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his last name as "Tows---." This form does not show award of the BSM.
4. There is no entry on his DA Form 20 (Enlisted Qualification Record) showing he was awarded the BSM.
5. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, was reviewed. This review failed to show any orders authorizing him award of the BSM.
6. His birth certificate shows the spelling of his last name as "Towns---."
7. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
8. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation stated the BSM may have been awarded for heroism, meritorious achievement, or meritorious service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy, including combat, support, and supply operations. 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's last name when he was inducted into the Army, throughout his service, and at the time he was released from active duty was spelled "Towns---." Additionally, his birth certificate confirms the correct spelling of his last name. Therefore, he is entitled to correction of his DD Form 214 to show the spelling of his last name as "Towns---."
2. There is no evidence and he did not provide sufficient evidence to warrant adding the BSM to his DD Form 214. By regulation, the BSM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders. The applicant's record to include ADCARS is void of any documents or orders indicating he was ever recommended for or awarded the BSM by proper authority during his active duty tenure.
3. Absent any evidence of record confirming award of the BSM, there is an insufficient evidentiary basis to support adding this award to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X__ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his last name as "Towns---" as it appears on his birth certificate.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the BSM.
_______ _ 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.
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