BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130019909
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 an additional award of the Bronze Star Medal.
2. He states this award is not included on his DD Form 214.
3. He provides his DD Form 214 and award certificate and citation for award of the Bronze Star Medal (Second Oak Leaf Cluster).
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 March 1968. He served in Vietnam from 4 April 1969 to 3 March 1970.
3. Headquarters, 1st Infantry Division published the following orders pertaining to the applicant:
a. General Orders (GO) Number 16099, dated 29 November 1969, awarding the applicant the Bronze Star Medal for meritorious achievement for the period 1 June to 31 October 1969; and
b. GO Number 1085, dated 27 January 1970, awarding the applicant the Bronze Star Medal (First Oak Leaf Cluster (OLC)) for meritorious service for the period April 1969 to March 1970.
4. His DA Form 20 (Enlisted Qualification Record) lists two awards of the Bronze Star Medal in Item 41 (Awards and Decorations).
5. He provided an award citation which shows the Bronze Star Medal (Second Oak Leaf Cluster) was presented to the applicant for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 1 December 1969 to 10 February 1970.
6. He provided an award citation which indicates he was awarded the Bronze Star Medal (Second Oak Leaf Cluster) for meritorious achievement in the Republic of Vietnam during the period 1 December 1969 to 10 February 1970.
7. His service records do not contain orders for any additional awards of the Bronze Star Medal.
8. On 4 March 1970, he was honorably released from active duty after completing 1 year, 11 months, and 24 days of active military service.
9. His DD Form 214 shows he was awarded the Bronze Star Medal (First Oak Leaf Cluster).
10. 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 orders for any additional awards of the Bronze Star Medal pertaining to the applicant.
11. Army Regulation 600-8-22 (Military Awards) 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 U.S. is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Bronze Star Medal. Paragraph 1-19 states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. Awards authorities may not recommend a duplicate award for the same act or service from another service component. That is, if a Soldier is assigned to a Joint command, he or she may not receive a Joint award and a Service award for the same period; moreover, a Soldier who is retiring may only be recommended for a Service or Defense retirement award, but not both.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded two awards of the Bronze Star Medal and the Bronze Star Medal (First Oak Leaf Cluster) is recorded on his DD Form 214.
2. He provided an award certificate and citation for award of the Bronze Star Medal (Second Oak Leaf Cluster). However, his service record is void of orders awarding him an additional award of the Bronze Star Medal.
3. Based upon the citation, it appears it was intended to be a service award for the period 1 December 1969 to 10 February 1970, which was accounted for in his Bronze Star Medal (First Oak Leaf Cluster) for the period April 1969 to March 1970. Army policy prohibits awarding duplicate awards for the same period of service.
4. In the absence of sufficient evidence, there is an insufficient basis for granting him any additional awards 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) AR20130019909
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