IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20140020827
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 the Bronze Star Medal is not listed on his DD Form 214 due to a typographical error. He served with pride and sacrificed for his country in a time of need.
3. The applicant provides copies of the following:
* Bronze Star Medal Citation and Certificate
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code (USC), 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant was inducted into the Army of the United States on 19 January 1968. He was awarded military occupational specialty 76Y (unit and organization supply specialist). He served in Vietnam from on or about 30 March 1969 to about 8 January 1970. He was assigned to:
* Headquarters and Headquarters Company, 2nd Battalion, 18th Infantry, 1st Infantry Division, from 9 through 23 April 1969
* Company A, 2nd Battalion, 18th Infantry, 1st Infantry Division, from 24 April 1969 through 7 January 1970
3. He provided copies of the following:
* Bronze Star Medal Citation stating he was awarded the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile force in Vietnam during the period from January 1969 through January 1970
* Bronze Star Medal Certificate showing award of the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in Vietnam during the period from January 1969 through January 1970
4. He was honorably released from active duty in pay grade E-5 on 11 January 1970. His DD Form 214 lists the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards shown on his DD Form 214 and includes one overseas service bar and the Sharpshooter Marksmanship Qualification Badge. There were no orders found for the Bronze Star Medal in the applicants official military personnel file.
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 pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Award) states the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or 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 awards, appropriate announcement in orders is required.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and the documentation he provided with his application were carefully considered. Though noteworthy, citations and certificates are insufficient evidence to justify adding awards to a DD Form 214.
2. Notwithstanding his contentions and his sincerity, in the absence of orders awarding him a Bronze Star Medal or evidence indicating orders were published, there is insufficient evidence upon which to support the requested relief.
3. In making this determination, the applicant and all others concerned should know that this in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20140020827
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ABCMR Record of Proceedings (cont) AR20140020827
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