BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130019666
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, the spouse of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal.
2. The applicant states the FSM was issued a Bronze Star Medal on 19 April 1971, but it does not appear on his DD Form 214. The FSM succumbed to service connected injuries sustained in the Republic of Vietnam. The applicant wishes to receive the medal for a memorial tribute.
3. The applicant provides:
* DD Form 214
* Bronze Star Medal certificate
* Certificate of Death
CONSIDERATION OF EVIDENCE:
1. The FSM was inducted into the Army of the United States on 21 January 1970. His record shows he served in the Republic of Vietnam from 19 June to 21 December 1970.
2. On 20 August 1971, he was honorably retired by reason of permanent disability. He completed 1 year and 7 months of total active service. The DD Form 214 he was issued at the time does not show award of the Bronze Star Medal.
3. The FSM's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal and his official military records do not contain any general orders announcing award of the Bronze Star Medal.
4. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the FSM.
5. The applicant submitted a Bronze Star Medal certificate indicating the FSM was awarded the Bronze Star Medal for meritorious service in ground operations against hostile forces in the Republic of Vietnam during the period June 1970 to April 1971. However, she did not submit orders which show the FSM was awarded the medal.
6. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or 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. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
7. Army Regulation 600-8-22 (Military Awards), currently in effect, states the Bronze Star Medal 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:
The certificate she submitted which shows award of the Bronze Star Medal is noted; however, it is insufficient to grant her the requested relief without official orders. The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for
personal decorations (which include the Bronze Star Medal). The applicant's sincerity is not in question. However, in the absence of official orders announcing the award, there is insufficient evidence to correct the FSM's DD Form 214 to show award of the Bronze Star Medal.
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) AR20130019666
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ABCMR Record of Proceedings (cont) AR20130019666
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