IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140012155
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 award of the Bronze Star Medal (BSM).
2. The applicant states he was:
* awarded the BSM upon his return from Vietnam
* assigned to the 7th Special Forces Group, Fort Bragg, NC after his return from Vietnam
* unaware the BSM was omitted from his DD Form 214 until he requested a copy of his DD Form 214 from the National Personnel Records Center
3. The applicant does not provide any additional evidence.
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. After having had prior enlisted service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 11 June 1963.
3. On 18 May 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 issued at that time shows in:
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized)
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* block 24c (Foreign and/or Sea Service) Canal Zone, 1 year, 10 months, and 13 days
4. A DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served with U.S. Army South (USARSO), Panama from 1 July 1964 through 13 May 1966.
5. Review of his OMPF failed to reveal orders awarding him the BSM or any evidence indicating such orders were published.
6. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.
7. His record is void of documentation showing he served in Vietnam.
8. His record is void of documentation showing he was recommended for or awarded the BSM.
9. 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 n 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:
There is no evidence showing the applicant was recommended for award of the BSM, and there is no evidence that orders were published announcing award of the BSM to him. In the absence of such evidence, there is no basis for correction of his record to show the BSM.
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) AR20140012155
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ABCMR Record of Proceedings (cont) AR20140012155
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