BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140009848
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 he was awarded the BSM by his company commander in Vietnam and it was not included on his DD Form 214. He goes on to state that the certificate and orders were lost in water damage and he has been unable to obtain a replacement without a statement from a reliable witness.
3. The applicant provides a statement from his company commander in Vietnam.
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 17 September 1968 for a period of 2 years and training under the warrant officer flight training program. He completed his basic training at Fort Polk, Louisiana and was transferred to Fort Wolters, Texas to undergo phase I and II of his warrant officer flight training. He completed phase I and II and was transferred to Fort Rucker, Alabama to complete phase III and IV of his training.
3. On 24 August 1969, he was honorably discharged in the pay grade of E-5 to accept a warrant officer appointment. He had served 11 months and 8 days of active service.
4. On 25 August 1969, he was appointed as a warrant officer one (WO1). He was transferred to Fort Benning, Georgia for duty as a rotary wing aviator.
5. On 11 April 1970 he was transferred to Vietnam for assignment to Company A, 123rd Aviation Battalion as a rotary wing aviator. He was promoted to the rank of chief warrant officer two (CW2) on 25 August 1970. He completed his tour in Vietnam on 10 April 1971 and was transferred to Fort Hood, Texas where he remained until 24 August 1972 when he was honorably released from active duty (REFRAD) due to the expiration of his active duty commitment. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal with three bronze service stars, Army Aviator Badge and Republic of Vietnam Campaign Medal.
6. A review of his official records failed to show any evidence, either in entries or orders, which indicates he was awarded the BSM. Additionally, 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 awarding the applicant the BSM.
7. The statement provided by the applicant from his company commander in Vietnam states that he remembered recommending and awarding the applicant the BSM for meritorious service in Vietnam and contends that it should be added to his DD Form 214.
8. 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 (emphasis added).
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was awarded the BSM for service in Vietnam is not in doubt, the available evidence is insufficient to verify that orders were published showing the award was in fact approved.
2. Unfortunately, the applicant comes to the Board more than 40 years after the fact, which makes it difficult at best to determine exactly what occurred at the time the applicant served or what happened to any orders that may have been issued.
3. Orders are required for an award of the BSM to be entered into official records and lacking such orders there is no basis to grant the applicants request.
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) AR20140009848
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ABCMR Record of Proceedings (cont) AR20140009848
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