IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015558
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) for the period ending 27 July 1967 to show the Bronze Star Medal and Silver Star.
2. The applicant states he was awarded the above medals and they are not listed on his DD Form 214.
3. The applicant provides two DD Forms 214 and a discharge 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 enlisted in the Regular Army (RA) on 8 February 1965 and he held military occupational specialty 64B (Heavy Vehicle Driver). He served in Vietnam from 16 March 1966 to 13 March 1967 while assigned to the 534th Transportation Company.
3. On 27 July 1967, he was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued for this period of service does not show award of the Bronze Star Medal or the Silver Star.
4. On 28 July 1967, he reenlisted in the RA. On 23 January 1970, he was discharged from the RA. The DD Form 214 he was issued for this period of service does not show award of the Bronze Star Medal or the Silver Star.
5. His record is void of orders showing he was awarded the Bronze Star Medal or the Silver Star.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal or Silver Star.
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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Bronze Star Medal or the Silver Star pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) states the:
a. Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
The applicant's record is void of orders showing he was awarded the Bronze Star Medal or the Silver Star. The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal and Silver Star. Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal or the Silver Star.
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) AR20140015558
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ABCMR Record of Proceedings (cont) AR20140015558
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