IN THE CASE OF:
BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130008867
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 (BSM).
2. He states he earned and was awarded the BSM 3 days before he was discharged. He adds that he only received the certificate on his way out.
3. He provides his DD Form 214 and BSM Certificate and Citation.
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 on 5 May 1970 and enlisted in the Regular Army on 12 May 1970. He served in the Republic of Vietnam (RVN) from 29 January 1972 to 30 January 1973 and was honorably released from active duty on 31 January 1973. He completed 2 years, 8 months, and 26 days of total active service.
3. His DD Form 214 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 BSM Certificate, dated 28 January 1973, and citation provided by the applicant indicate he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the RVN from January 1972 to February 1973. A copy of the certificate, citation, and/or orders awarding him the BSM were not contained in his Military Personnel Record Jacket.
6. A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the BSM.
7. 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:
He provided a certificate and citation for the award of the BSM for the period January 1972 to February 1973. However, the certificate and citation are not sufficient evidence with which to add this award to his DD Form 214. He provided no orders showing he was awarded the BSM for this period and no evidence was found in his service personnel record or in ADCARS. Therefore, there is insufficient evidence to support adding award of the BSM to his DD Form 214.
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) AR20130008867
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130008867
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120001316
The applicant requests the Combat Infantryman Badge (CIB), Purple Heart (PH), and Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). A 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 U.S. Army Human Resources Command, failed to reveal any orders for the PH, BSM, or CIB....
ARMY | BCMR | CY2011 | 20110010053
There is no evidence in his military records showing he was awarded the BSM. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Vietnam Service Medal * Combat Infantryman Badge * RVN Campaign Medal * one Overseas Service Bar 8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an...
ARMY | BCMR | CY2010 | 20100021447
The ADCARS file includes a copy of the BSM order the applicant provides, however it fails to contain any orders to show he was awarded the PH. The evidence of record contains no evidence to show that the applicant sustained a combat wound, was medically treated for that wound, or to show that he was recommended for or awarded the PH in official orders by proper authority. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2008 | 20080016562
IN THE CASE OF: BOARD DATE: 21 January 2009 DOCKET NUMBER: AR20080016562 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Bronze Star Medal (BSM), Vietnam Combat Medal and all other awards to which he may be entitled. The applicant's record contains no orders or other documents that indicate he was ever recommended for or awarded the BSM or the...
ARMY | BCMR | CY2011 | 20110017292
His DD Form 214 shows he completed 2 years, 7 months, and 4 days of creditable active duty service and item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he received the following awards: * National Defense Service Medal (NDSM) * ARCOM with "V" Device * Aircraft Crewman Badge (ACB) * Parachutist Badge * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device 1960 * 2 Overseas Bars * Marksman Marksmanship Qualification Badge...
ARMY | BCMR | CY2012 | 20120002375
The applicant states he served in combat in the Republic of Vietnam (RVN) and participated in over 50 air assault missions but was never awarded the AM. Item 41 (Awards and Decorations) of the DA Form 20 shows he earned the following awards during his active duty tenure: * National Defense Service Medal (NDSM) * Combat Infantryman Badge (CIB) * RVN Campaign Medal with 60 Device * Vietnam Service Medal (VSM) 5. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110001619
Application for correction of military records (with supporting documents provided, if any). 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 following: * Bronze Star Medal (BSM) * BSM with 1st Oak Leaf Cluster (1OLC) * Army Commendation Medal (ARCOM) 2. He provided no orders showing he was awarded the BSM, BSM (1OLC), or ARCOM and no evidence was found in his service personnel record or in ADCARS.
ARMY | BCMR | CY2013 | 20130013440
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 (BSM) * Republic of Vietnam (RVN) Civil Actions Honor Medal First Class Unit Citation * Four Overseas Service Bars * Meritorious Unit Commendation (MUC) (2nd Oak Leaf Cluster) 2. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam...
ARMY | BCMR | CY2010 | 20100019360
There are no orders or any other evidence in his official military personnel file (OMPF) that show he was recommended for or awarded the ARCOM and/or BSM. In the absence of orders or any other corroborating evidence showing he was awarded or recommended for these awards, the citations and certificates alone are insufficient for basing a correction to his DD Form 214. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of...
ARMY | BCMR | CY2014 | 20140018943
The evidence of record shows that subsequent to the applicant's REFRAD the Chief, Military Awards Branch, informed the applicant that he had been awarded the BSM for meritorious service from September 1972 to August 1973 and that the award elements (including the certificate, citation, and DA letter orders) were forwarded to the Commander, Fort Riley, for presentation to the applicant. The evidence of record shows the applicant qualified for award of the VSM and he participated in one...