BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130019999
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 award of the Purple Heart, Bronze Star Medal, and Air Medal.
2. The applicant states he received the awards after he was issued his DD Form 214.
3. The applicant provides:
* DD Form 214
* Bronze Star Medal Certificate
* Air Medal Certificate
* General Orders Number 4791
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 21 June 1968. His record shows he served in the Republic of Vietnam from 23 August 1970 to 16 June 1971.
3. The applicant provides and his record contains General Orders Number 4791, issued by Headquarters, 101st Airborne Division (Airmobile), dated 24 May 1971, which awarded him the Purple Heart for wounds received in action on 2 April 1971.
4. On 16 June 1971, he was honorably released from active duty as an overseas returnee. The DD Form 214 he was issued at the time does not show award of the Bronze Star Medal, Air Medal, or Purple Heart.
5. His record contains a DD Form 215 (Correction to DD Form 214) which shows his record was corrected on 11 June 1984 to show award of the Purple Heart.
6. 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 or the Air Medal pertaining to the applicant.
7. The applicant provides a copy of his Bronze Star Medal and Air Medal certificates.
8. 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.
9. Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was awarded the Purple Heart and he was issued a DD Form 215 correcting his DD Form 214 to show this award. A copy of the DD Form 215 will be provided to him.
2. The certificates he submitted which show award of the Bronze Star Medal and the Air Medal are noted; however, there is insufficient evidence to show he was recommended for award of the Bronze Star Medal or the Air Medal. The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Bronze Star Medal and the Air Medal. Therefore, there is an insufficient evidentiary basis for granting this request.
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) AR20130019999
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