IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140015929
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 reflect award of the Bronze Star Medal (BSM).
2. The applicant states he was awarded the BSM and was unaware that he could request correction of his record to reflect this until recently.
3. The applicant provides:
* Defiance County Veterans Office document, dated 2 September 2014
* National Personnel Records Center letter, dated 28 February 2014
* BSM Certificate, dated 23 December 1970
* DD Form 214
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 into the Army of the United States on 4 March 1969 and held the military occupational specialty 94B (Cook).
3. He served in Vietnam from on or about 18 June 1970 through 24 February 1971 where he was assigned to Company D, 1st Battalion, 77th Armor Regiment, 1st Brigade, 5th Infantry Division.
4. He was honorably released from active duty on 24 February 1971 after completing 1 year, 11 months, and 21 days of active service. His DD Form 214 does not show award of the BSM.
5. His service records do not contain orders awarding him the BSM and the applicant has not provided any such orders.
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the BSM.
7. 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 Awards and Decorations Branch, failed to reveal orders awarding the applicant the BSM.
8. The applicant provided a copy of a BSM Certificate, dated 23 December 1970, showing he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from June 1970 to February 1971.
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 request for correction of his DD Form 214 to reflect award of the BSM was carefully considered.
2. A thorough review of available records did not confirm the applicant was awarded the BSM.
3. Award of the BSM requires a formal recommendation, approval through the chain of command, and announcement in orders. Although the applicant provided a copy of a certificate showing he was awarded the BSM, his records do not contain that certificate and he did not provide orders in conjunction with the certificate showing he was awarded the BSM. Consequently, the evidence presented is insufficient 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 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) AR20140015929
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ABCMR Record of Proceedings (cont) AR20140015929
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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