IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130017303
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 two awards of the Army Commendation Medal (ARCOM) and a second award of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the awards have not been put on his official discharge.
3. The applicant provides:
* Award certificates for the BSM and two awards of the ARCOM
* DD Form 214
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 11 August 1967. He served as a clerk typist in Vietnam from 20 March 1968 to 29 January 1969 and he was honorably released from active duty on 28 May 1969.
3. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star
* 1st Class Gunner (Machine Gun)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* One Overseas Service Bar
4. There are no orders for award of the BSM or ARCOM in the available records; his DA Form 20 (Enlisted Qualification Record) does not show them as authorized awards; and 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 for the BSM or ARCOM pertaining to the applicant.
5. He provides an award certificate, dated 7 January 1969, which shows he received the BSM for meritorious achievement for the period 1 April 1968 to
30 November 1968.
6. He provides an award certificate, dated 18 January 1969, which shows he received the ARCOM for meritorious achievement for the period 1 July 1968 to 30 November 1968.
7. He provides an award certificate, dated 11 April 1969, which shows he received the ARCOM for meritorious achievement for the period 1 October 1968 to 28 February 1969.
8. 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 n 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.
9. Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
There are no orders for the BSM or ARCOM in the available records. In the absence of corroborating evidence showing the applicant was awarded these medals by proper authority, the award certificates provided by the applicant are not sufficient as a basis for adding two awards of the ARCOM or a second 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 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) AR20130017303
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ABCMR Record of Proceedings (cont) AR20130017303
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