IN THE CASE OF:
BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130011486
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 as he was leaving Vietnam, the unit clerk handed him his BSM and said that the paperwork would catch up with him. He adds that he never received the paperwork for the award.
3. He does not provide any additional evidence.
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 18 August 1967. He served in the Republic of Vietnam from 13 February 1968 to
12 February 1969. He completed 1 year, 11 months, and 28 days of total active service and was honorably released from active duty on 15 August 1969.
3. His DD Form 214 and DD Form 215 (Correction to DD Form 214) do 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. 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.
6. 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 request for correction of his DD Form 214 to show award of the BSM was carefully considered. However, there is insufficient evidence to support this claim.
2. 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
________ ________ ________ 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) AR20130011486
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130011486
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120019056
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 Bronze Star Medal (BSM). He states he was awarded the BSM for his actions in the Republic of Vietnam (RVN).
ARMY | BCMR | CY2009 | 20090021467
The orders announced award of the BSM to Mr. B____ T____ and five other members of the applicant's unit. The evidence of record does not support the applicant's request for correction of his DD Form 214 to show award of the BSM. Although the available evidence indicates a Member of Congress presented the BSM to the applicant on 11 November 2009, the evidence of record does not show he was formally recommended for the award, that a formal recommendation was approved by the appropriate...
ARMY | BCMR | CY2013 | 20130008635
Application for correction of military records (with supporting documents provided, if any). This form does not show award of the BSM. 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.
ARMY | BCMR | CY2013 | 20130004101
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Bronze Star Medal (BSM). The applicant's Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), does not contain any orders showing he was awarded the BSM. He also submits a citation showing he was awarded the BSM for exceptionally meritorious service in connection with military operations...
ARMY | BCMR | CY2012 | 20120020411
The applicant states: * he was awarded the BSM during his service in Vietnam * the BSM was not recorded on his DD Form 214 3. DISCUSSION AND CONCLUSIONS: There are no orders or other corroborating evidence in the applicant's record or in ADCARS, and the applicant did not provide sufficient evidence that confirms he was awarded a BSM. __________x________________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2013 | 20130016632
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 11 September 1969, to show award of the Army Commendation Medal (ARCOM) with V Device and the Bronze Star Medal (BSM) (3rd Award). Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry specialty. The applicant contends his DD Form 214 should be corrected to show...
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 | CY2009 | 20090009043
Based on this information, the applicants request to have these awards added to his DD Form 214 will not be discussed further. There are no orders in the applicants service personnel records that show he was awarded the BSM. No evidence was found in his service personnel record or in the ADCARS data base to support addition of the BSM to the applicant's DD Form 214.
ARMY | BCMR | CY2014 | 20140014005
There are no orders or other evidence in his military records that indicate he was recommended for or awarded the BSM. There are no orders or other evidence in his military records that show he was awarded the BSM. In the absence of orders showing he was awarded the BSM, the BSM Certificate and citation he provided are insufficient evidence on which to base correcting his DD Form 214 to show this award at this time.
ARMY | BCMR | CY2012 | 20120009251
His Military Personnel Records Jacket (MPRJ) is void of orders or other documents that indicate he was ever recommended for or awarded the BSM with "V" Device. The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the BSM with "V" Device by proper authority during his active duty tenure and there are no orders for the applicant contained in ADCARS. Therefore, administrative correction of the applicant's records will be accomplished by...