IN THE CASE OF:
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20130020987
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) for the period ending on 16 April 1972 to add the Bronze Star Medal.
2. The applicant states the Bronze Star Medal was not listed on his DD Form 214.
3. The applicant provides:
* Letter, dated 13 November 2013
* Citation for award of the Bronze Star Medal
* Certificate for award of the Bronze Star Medal
* DD Form 214 (Report of Separation from Active Duty) for the period ending on 19 August 1975
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 23 February 1971. He held military occupational specialty 11B (Light Weapons Infantryman) and attained the rank/grade of specialist four (SP4)/E-4.
3. He served in Vietnam from 26 August 1971 to 14 April 1972 and served with:
* A Troop, 3rd Squadron, 5th Cavalry from 7 September 1971 to 29 October 1971
* Company A, 2nd Battalion, 501st Infantry from 30 October 1971 to
7 November 1971
* Company C, 2nd Battalion, 501st Infantry from 8 November 1971 to
25 January 1972
* 1st Battalion, 3rd Brigade, 12th Cavalry, 1st Cavalry Division from
26 January 1972 to 7 March 1972
* Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division from 8 March 1972 to 14 April 1972
4. He was honorably released from active duty on 16 April 1972 under the
early - out program from Vietnam. His DD Form 214 does not list the Bronze Star Medal.
5. He enlisted in the Regular Army on 25 March 1974. He was retired from active duty on 19 August 1975 by reason of temporary disability. His DD Form 214 does not list the Bronze Star Medal.
6. There is no evidence of record in three typical sources showing he was awarded the Bronze Star Medal:
* Item 41 of his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal among his awards
* His record does not contain official orders awarding him the Bronze Star Medal
* A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.
7. He provided a citation and certificate for award of the Bronze Star Medal which show the Bronze Star Medal was awarded for the period August 1971 to March 1972. The citation states the award was for service and the certificate states it was for achievement. Neither document lists the specific actions or the unit he was assigned to during the period of the award.
8. 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 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:
1. There is insufficient evidence in the available record to shows he was awarded the Bronze Star Medal. The citation and certificate he provided are insufficient to confirm this award. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.
2. In the absence of orders, there is an insufficient evidentiary basis for granting the applicant's requested relief at this time.
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) AR20130020987
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130020987
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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