IN THE CASE OF:
BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20130009272
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 makes no additional statement.
3. The applicant provides his 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. On 2 February 1968, the applicant accepted a commission as a second lieutenant/O-1 in the U.S. Army Reserve. He was ordered to active duty on 24 October 1969 and subsequently was assigned to the Republic of Vietnam from 9 November 1970 to 17 August 1971.
3. Item 21 (Award and Decorations) of his DA Form 66 (Officer Qualification Record) does not list the BSM.
4. On 20 August 1971, he was released from active duty. He had attained the rank of first lieutenant/pay grade O-2 and completed 1 year, 9 months, and 27 days of total active service.
5. The applicant's DD Form 214 lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), device and Vietnam Service Medal.
6. 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 orders awarding the applicant the Bronze Star Medal.
7. The applicant provides a Bronze Star Medal Certificate which shows he was awarded the medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period November 1970 to August 1971.
8. Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. 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 requests correction of his DD Form 214 to show award of the Bronze Star Medal.
2. There are no general orders that show he was awarded the Bronze Star Medal. The certificate provided by the applicant is not sufficient evidence alone upon which to base a correction of his records. Should he have or be able to obtain a copy of the orders awarding him the Bronze Star Medal he may submit another application for consideration.
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) AR20130009272
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ABCMR Record of Proceedings (cont) AR20130009272
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