BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130018398 


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 his award of the Bronze Star Medal.

2.  The applicant states the Bronze Star Medal is not listed on his DD Form 214 or in the records with the Department of the Army as reflected on attached correspondence.  He was issued the award for service in Vietnam and it was signed by the Secretary of the Army on 29 May 1970.  He assumed all awards were properly listed in the records.

3.  The applicant provides copies of the following:

* Bronze Star Medal citation and certificate
* DD Form 214
* Correspondence from the National Personnel Records Center (NPRC) and U.S. Army Human Resources Command (HRC)
* Permanent Order 046-06052-03 (three copies)
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) (two copies)

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 on 12 June 1968.  He served as a light weapons infantryman in Vietnam from 18 April 1969 to on or about 3 April 1970, during three campaigns.  He was assigned to Company C, 2nd Battalion, 60th Infantry, 9th Infantry Division.

3.  He was honorably released from active duty in pay grade E-6 on 3 April 1970. His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Purple Heart
* Air Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows all the awards listed on his DD Form 214 and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  There are no orders in his personnel records authorizing or awarding him the Bronze Star Medal during his period of service in Vietnam.

6.  He provided copies of the following:

   a.  A citation and certificate, dated 29 May 1970, showing award of the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile forces in Vietnam from April 1969 to March 1970.

   b.  Two letters from the NPRC, dated 28 January and 6 February 2013, respectively, wherein he was advised of his entitlement to all the awards listed on his DD Form 214, in item 41 of his DA Form 20, and the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation.  

   c.  Email correspondence from HRC, dated 21 February 2013, wherein a copy of the permanent orders for his award of the Bronze Star Medal was requested.

   d.  A letter from HRC, dated 28 February 2013, wherein he was advised of his entitlement to all the awards listed on his DD Form 214, in item 41 of his DA Form 20, and the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation.  The letter also advised that they could not verify his entitlement to the Bronze Star Medal without the orders or a certificate with the orders number listed.  

   e.  Permanent Order 046-06052-03, dated 21 February 2013, awarding him the Army Good Conduct Medal for the period of service from 12 June 1968 through 3 April 1970

   f.  DD Form 215, dated 11 March 2015, deleting from his DD Form 214 the Vietnam Service Medal and adding the Army Good Conduct Medal and Vietnam Service Medal with three bronze service stars.

7.  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 Military Awards Branch of HRC, failed to reveal any orders published authorizing him award of the Bronze Star Medal.

8.  Army Regulation 600-8-22 (Military Award) states 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's contention that he was awarded the Bronze Star Medal is acknowledged; however, he has provided no orders showing he was awarded the Bronze Star Medal.  Also, there was no evidence found either in his service personnel record or in the ADCARS data base to support the addition of this award to his DD Form 214.
2.  Without orders, the available evidence is insufficient for adding the Bronze Star Medal 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)                                         AR20130018398





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ABCMR Record of Proceedings (cont)                                         AR20130018398



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