IN THE CASE OF:
BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20130021569
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 the Bronze Star Medal.
2. The applicant states the certificate was issued after his release from active duty.
3. The applicant provides a certificate and a citation for award of the Bronze Star Medal.
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's records show he was inducted into the Army of the United States on 24 September 1968 and he held military occupational specialty 36C (Lineman).
3. He served in Vietnam from 20 June 1969 to 18 June 1970. He was assigned to 1st Battalion, 506th Infantry Regiment.
4. He was honorably released from active duty in the rank of sergeant on 18 June 1970. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle bar (M-14)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* two Overseas Service Bars
5. He provides a certificate and a citation showing award of the Bronze Star Medal for meritorious achievement from 1 July 1969 to 30 April 1970.
6. His records contain General Orders Number 14616, issued by Headquarters, 101st Airborne Division, on 9 December 1969, awarding him the Army Commendation Medal for meritorious achievement from 1 July 1969 to 30 November 1969. However, there are no orders in his reconstructed record that show he was awarded the Bronze Star Medal.
7. 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 any orders for the Bronze Star Medal pertaining to the applicant.
8. His DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal in item 41 (Awards and Decorations).
9. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
There is insufficient evidence in the available record that shows he was awarded the Bronze Star Medal. 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. In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130021569
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ABCMR Record of Proceedings (cont) AR20130021569
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