IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140007519
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his award of the Bronze Star Medal (BSM) and that he be awarded the Combat Action Badge (CAB).
2. The applicant states, in effect, that he was awarded the BSM and it is not reflected on his DD Form 214. He fired his weapon against hostile enemy forces and should have been awarded the CAB.
3. The applicant provides copies of his BSM Citation and 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 June 1967. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a field artillery crewman at Fort Sill, Oklahoma before being transferred to Vietnam on
4 November 1967 for assignment to A Battery, 5th Battalion, 27th Artillery Regiment.
3. He departed Vietnam on 28 October 1978 for assignment to Fort Sill where he remained until he was honorably released from active duty (REFRAD) on 11 June 1969 due to the expiration of his term of service. He had served 2 years of active service. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal.
4. A review of his official records failed to show orders awarding him the BSM or any entries indicating that it had been awarded.
5. The applicant provided a BSM Citation showing he was awarded the BSM for the period November 1967 November 1968.
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.
7. Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge. Award of the Combat Action Badge is not authorized prior to 18 September 2001.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded the BSM is not in doubt, the BSM Citation he provides is insufficient to add the BSM to his DD Form 214.
2. Therefore, in the absence of orders awarding him the BSM, there is no basis to add that award to his DD Form 214.
3. The applicants contention that he should be awarded the CAB has been noted. The CAB did not exist during his period of service, and he is not eligible for a retroactive award of the CAB.
4. Accordingly, 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.
ABCMR Record of Proceedings (cont) AR20140007519
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140007519
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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