BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140014005
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 the Bronze Star Medal (BSM).
2. The applicant states the BSM was omitted at the time his DD Form 214 was prepared.
3. The applicant provides a certificate and citation for the BSM.
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 U.S. Army Reserve (USAR) on 13 May 1964.
3. Unit Order Number 10, dated 16 April 1968, ordered the applicant's USAR unit, the 826th Ordnance Company, to active duty for a period of 24 months. As a result, the applicant entered active duty on 13 May 1968.
4. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 13 October 1968 to 3 September 1969. His DA Form 20 does not show the BSM as an authorized award.
5. There are no orders or other evidence in his military records that indicate he was recommended for or awarded the BSM.
6. He was honorably released from active duty on 10 September 1969. His DD Form 214 does not show he was awarded the BSM.
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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders the show the applicant was awarded the BSM.
8. He provided a BSM Certificate and citation that show he was awarded the BSM for service during the period October 1968 to August 1969.
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 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. The applicant's contention that his DD Form 214 should be corrected to show award of the BSM was carefully reviewed.
2. There are no orders or other evidence in his military records that show he was awarded the BSM. A review of ADCARS failed to reveal orders that show he was awarded the BSM.
3. In the absence of orders showing he was awarded the BSM, the BSM Certificate and citation he provided are insufficient evidence on which to base correcting his DD Form 214 to show this award at this time.
4. In view of the above, there is no basis to grant the requested relief.
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) AR20140014005
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140014005
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130012603
The applicant provides copies of: * DD Form 214 (copy 1) * DA Form 759 (Individual Flight Record and Flight Certificate - Army), for the period from November 1970 to February 1971 * Certificate for award of the ARCOM with 3rd OLC for the period April 1969 to December 1970, dated 19 December 1970 * General Orders Number 3104, dated 17 February 1971, announcing award of the BSM for the period 16 February 1970 to 15 February 1971 (This order contains a hand-lettered entry indicating the order...
ARMY | BCMR | CY2009 | 20090021325
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) and the Combat Infantryman Badge (CIB) for his service in the Republic of Vietnam. The applicant's record is void of any orders or other documents indicating that he was ever recommended for or awarded either the BSM or the CIB by proper authority while serving on active duty. Although the evidence of record shows the...
ARMY | BCMR | CY2012 | 20120005512
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) with "V" Device. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at that time shows he was awarded the: * Parachutist Badge * National Defense Service Medal * Vietnam Service Medal (VSM) * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart * BSM 10. As a...
ARMY | BCMR | CY2014 | 20140002873
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), New Jersey Distinguished Service Medal, and New Jersey Vietnam 25th Anniversary Commemorative Medal. The applicant provides: * BSM award certificate * citation for the New Jersey Distinguished Service Medal * certificate for the New Jersey Vietnam 25th Anniversary Commemorative Medal * Honorable Discharge Certificate from the...
ARMY | BCMR | CY2012 | 20120009251
His Military Personnel Records Jacket (MPRJ) is void of orders or other documents that indicate he was ever recommended for or awarded the BSM with "V" Device. The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the BSM with "V" Device by proper authority during his active duty tenure and there are no orders for the applicant contained in ADCARS. Therefore, administrative correction of the applicant's records will be accomplished by...
ARMY | BCMR | CY2013 | 20130004101
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 (BSM). The applicant's Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), does not contain any orders showing he was awarded the BSM. He also submits a citation showing he was awarded the BSM for exceptionally meritorious service in connection with military operations...
ARMY | BCMR | CY2012 | 20120001296
His military record is not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal, and b. adding to his DD Form 214 the: * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit...
ARMY | BCMR | CY2012 | 20120004814
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). He submitted a BSM Certificate and citation that shows he was awarded the BSM for meritorious achievement in ground operations against hostile forces during the period December 25 June 1967 through 24 June 1968. There are no orders in the applicant's service personnel records and the applicant did not provide any orders...
ARMY | BCMR | CY2010 | 20100010872
The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM), Republic of Vietnam Campaign Medal with Device (1960) instead of the Vietnam Campaign Medal, two awards of the Overseas Service Bar, Good Conduct Medal, Meritorious Unit Commendation (MUC), and Army Commendation Medal (ARCOM). The applicant states: * He was awarded the BSM, Republic of Vietnam Campaign Medal with Device (1960), two awards of the...
ARMY | BCMR | CY2009 | 20090022014
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) and the Army Commendation Medal (ARCOM). The applicant requests correction of his DD Form 214 to show award of the BSM and the ARCOM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b....