IN THE CASE OF:
BOARD DATE: 23 October 2014
DOCKET NUMBER: AR20140005097
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 he was awarded the Bronze Star Medal (2nd Award) and the Army Commendation Medal.
2. The applicant states he received two Bronze Star Medals while in Vietnam but only one is shown on his DD Form 214. His DD Form 214 does not show the Army Commendation Medal. He is providing orders for the Bronze Star Medal that contains an incorrect social security number and he thinks this is why it did not show up [in his records]. He is also providing his Army Commendation Medal citation.
3. The applicant provides orders and a citation.
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 7 July 1969. He served in Vietnam from 2 December 1969 to 5 November 1970, while assigned to the 23rd Supply and Transport Battalion, Americal Division.
3. General Orders Number 11683, issued by Headquarters, Americal Division on 2 September 1970, awarded him the Bronze Star Medal for meritorious service in Vietnam.
4. He was honorably released from active duty on 4 February 1972 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued, in part, shows the Bronze Star Medal (1st Award). It does not show the Army Commendation Medal.
5. His record is void of orders that show he was awarded the Bronze Star Medal (2nd Award) or the Army Commendation Medal.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows only one award of the Bronze Star Medal and does not show the Army Commendation Medal.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 that show the applicant was awarded the Bronze Star Medal (2nd Award) or the Army Commendation Medal.
8. He provides an undated citation for the Army Commendation Medal, wherein it states he was presented the award for exceptionally meritorious achievement in Vietnam from 1 January to 30 April 1970.
9. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal and the Army Commendation Medal.
2. The applicant's record contains orders for one award of the Bronze Star Medal, which is properly shown on his DD Form 214. It does not contain orders for the Army Commendation Medal. Regrettably, in the absence of orders to show he was awarded the Bronze Star Medal (2nd Award) and the Army Commendation Medal, there is insufficient evidence to correct his DD Form 214 to show these awards.
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) AR20140005097
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ABCMR Record of Proceedings (cont) AR20140005097
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