IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140007280
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded at least one, perhaps two Bronze Star Medals (BSM).
2. The applicant states he believes he was awarded at least one BSM, possibly two.
3. The applicant provides a DD Form 214 and DD Form 215 (Correction of DD Form 214, Armed Forces of the United States Report of Transfer or Discharge).
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 27 April 1967 and held military occupational specialties 82C (Field Artillery Surveyor) and 13E (Field Artillery Operations and Intelligence Assistant). The highest rank/grade he attained while on active duty was staff sergeant/E-6.
3. He served in Vietnam from 5 October 1969 to 9 November 1970, where he was assigned to Headquarters and Headquarters Battery, 6th Battalion, 11th Field Artillery Regiment.
4. He was honorably released from active duty on 10 November 1970, after completing 3 years, 6 months, and 17 days of active service during this period. His DD Form 214 does not show he was awarded the BSM.
5. Nothing in several typical sources confirms he was awarded the BSM:
a. His service records do not contain orders awarding him the BSM and he provides none.
b. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the BSM.
c. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the applicant the BSM.
6. 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. A thorough review of available records was unable to confirm the applicant was awarded a BSM.
2. Award of the BSM requires a formal recommendation, approval through the chain of command, and announcement in orders. The applicant's records do not contain and he does not provide any supporting evidence, including orders, that show he was awarded the BSM. Consequently, the requested relief cannot be granted. Should he be able to provide verifying documentation within one year of the date of the Board's decision, his application may be reconsidered.
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 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) AR20140007280
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ABCMR Record of Proceedings (cont) AR20140007280
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