IN THE CASE OF:
BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140017676
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.
2. The applicant states he was awarded the Bronze Star Medal for his service in the Republic of Vietnam (RVN) from 10 August 1971 to 15 March 1972. He discovered this error when he filed for Social Security benefits.
3. He provides 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 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. His record shows he enlisted in the Regular Army on 24 February 1971. Upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in the RVN from 9 August 1971 through 25 June 1972. On 23 February 1973, he was released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation. At the time of his REFRAD he had served 2 years and attained the rank/pay grade of sergeant/E-5.
3. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Bronze Star Medal.
5. A review of his personnel service records failed to show evidence and he did not provide any evidence showing he was awarded or recommended for award of the Bronze Star Medal.
6. 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 any orders for the Bronze Star Medal.
7. The applicant provides a certificate which indicates he was awarded and presented the Bronze Star Medal for service in the RVN from 10 August 1971 to 15 March 1972.
8. Army Regulation 600-8-22 (Military Awards) Army Regulation 600-8-22 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. The applicant's contention was carefully considered and determined to lack merit.
2. A review of his personnel service records failed to reveal evidence showing that he was ever awarded or recommended for award of the Bronze Star Medal. Therefore, he is not entitled to correction of his DD Form 214 to show award of the Bronze Star Medal at this time.
3. Although the applicant provided a certificate which indicates he was awarded the Bronze Star Medal, the document alone is not considered sufficient evidence upon which to base correction of his record to show this award.
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) AR20140017676
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ABCMR Record of Proceedings (cont) AR20140017676
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