IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010592
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) for his service in the Republic of Vietnam (RVN).
2. The applicant states the BSM is not shown on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* Certificate for award of the BSM
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. Evidence of record and background information:
a. On 30 August 1968, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
b. On 28 May 1969, he was assigned to the 1st Battalion, 22nd Infantry Regiment in the RVN.
c. On 6 April 1970, the applicant departed the RVN and returned to the United States.
d. On 11 April 1970, the applicant was released from active duty. He had attained the rank specialist four, pay grade E-4 and had completed 1 year,
7 months, and 12 days of creditable active duty.
e. The applicant's DD Form 214 lists his awards as:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
* 2 overseas service bars
3. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the BSM. ADCARS is 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.
4. Army Regulation 600-8-22 (Military Awards) states the BSM 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. The applicant contends that his DD Form 214 should be corrected to show award of the BSM.
2. There are no available general orders showing the applicant was awarded the BSM. The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records. A copy of the award orders or equally convincing documentation is required.
3. In view of the above, the applicant's request should be denied.
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) AR20130010592
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ABCMR Record of Proceedings (cont) AR20130010592
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