IN THE CASE OF:
BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130017299
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 that his Bronze Star Medal from Vietnam be added to his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states he received a certificate for this award.
3. The applicant provides copies of the award certificate and a letter from the National Personnel Records Center (NPRC) that does not show the Bronze Star Medal as an authorized award.
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 enlisted in the Regular Army, then attended Officer Candidate School and he was commissioned a 2nd lieutenant of artillery on 11 April 1967 and entered extended active duty.
3. He served in Vietnam from 3 January 1968 until he was wounded and evacuated on 23 February 1968.
4. On 10 April 1969, he was released from active duty. His DD Form 214 does not show the Bronze Star Medal.
5. No orders for the Bronze Star Medal are contained in his available records, and it is not listed on his DA Form 66 (Officer Qualification Record).
6. 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 United States Army Human Resources Command, failed to reveal any orders for the Bonze Star Medal pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war or armed conflict for heroism or meritorious achievement or service to individuals who distinguish themselves by heroic or meritorious achievement or service, not involving participation in aerial flight. As with all personal decorations, formal recommendations, approval through the chain of command, and orders are required.
DISCUSSION AND CONCLUSIONS:
No Bronze Star Medal orders are available. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Regrettably, the Bronze Star Medal Certificate in itself is insufficient evidence upon which to base 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.
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