IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140004472
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 his award of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that his DD Form 214 does not reflect his award of the BSM.
3. The applicant provides a citation for award of the BSM.
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 27 August 1968. He completed his basic training at Fort Campbell, KY and his advanced individual training as a supply specialist at Fort Lee, VA before being transferred to Vietnam on 12 February 1969 for assignment to the 14th Infantry Regiment, 25th Infantry Division.
3. He departed Vietnam on 11 February 1970 and was transferred to Fort Knox, KY where he remained until he was honorably released from active duty (REFRAD) on 27 May 1970. He had served 1 year, 9 months, and 1 day of total active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal with one oak leaf cluster, the Army Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. The citation provided by the applicant shows that the applicant was awarded the BSM for meritorious service during the period February 1969 to February 1970. However, the applicant has not provided and the available records do not contain orders awarding him the BSM.
5. Army Regulation 600-8-22 (Military Awards) states the BSM 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. While the sincerity of the applicants claim that he was awarded the BSM is not in doubt, he has not provided orders and his records do not contain orders awarding him the BSM, which is necessary in order to enter that award in his records.
2. Therefore, in the absence of such orders there is no basis to add that award to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ___x ____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20140004472
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ABCMR Record of Proceedings (cont) AR20140004472
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