IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20140015276
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 reflect the Bronze Star Medal he was awarded for his service during Vietnam.
2. The applicant states the Bronze Star Medal was mistakenly omitted from his DD Form 214.
3. The applicant provides a DD Form 214 and a Bronze Star Medal Certificate.
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 in the Army of the United States on 12 May 1969. After completing initial training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade held was specialist four/E-4.
3. He was honorably released from active duty on 11 January 1971. His DD Form 214 shows total net creditable active service of 1 year, 7 months, and 21 days. It also shows he served in Vietnam from 27 February 1970 to 11 January 1971. It does not show the Bronze Star Medal, but does reflect he was awarded or authorized:
* Air Medal (2nd Award)
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
4. Item 41 of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal.
5. 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 U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal.
6. His record contains a citation for the award of the Bronze Star Medal, but no orders (emphasis added).
7. Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards and decorations. It 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.
DISCUSSION AND CONCLUSIONS:
1. A thorough review of available records was unable to confirm the applicant was awarded a Bronze Star Medal.
2. Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders (emphasis added). While the applicant provides an award certificate, he does not include a copy of the orders confirming the award of the Bronze Star Medal. Consequently, the requested relief cannot be granted. Should he be able to provide orders as verifying documentation within 1 year of the date of the Board's decision, his application can be reconsidered.
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 this action in no way diminishes the sacrifices he made in service to our Nation. 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) AR20140015276
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ABCMR Record of Proceedings (cont) AR20140015276
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