IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001978
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 that he be issued a Bronze Star Medal (BSM) set and certificate and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he was awarded the BSM for his tour in Vietnam during the period July 1968 July 1970 and desires to be issued a medal set and certificate and to have it added to his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 on 12 February 1968. He completed the training requirements for military occupational specialty 11B (Light Weapons Infantryman) and he was transferred to Vietnam on 9 July 1968 for assignment to the 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division.
3. He was promoted to the rank of sergeant on 22 March 1969 and departed Vietnam on 4 July 1969 for assignment to Fort Gordon, Georgia where he remained until he was honorably released from active duty (REFRAD) on
11 February 1970 due to the expiration of his term of service. He had served
2 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Vietnam Campaign Medal, Combat Infantryman Badge, and Army Commendation Medal with V Device.
4. A review of his official records failed to show any evidence of the applicant being awarded the BSM. Additionally, 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 orders awarding the BSM pertaining to the applicant.
5. 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. The applicants contention that he was awarded the BSM for service in Vietnam from July 1968 July 1970 has been noted.
2. The applicant served in Vietnam during the period 9 July 1968 4 July 1969 and he has not provided any evidence in the form of orders to show that he was awarded the BSM. Additionally, his records do not contain any such orders or entries showing he was awarded the BSM.
3. Therefore, in the absence of such evidence, there appears to be no basis to grant his request 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.
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