IN THE CASE OF:
BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140009022
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received an honorable discharge and to show the Bronze Star Medal (BSM).
2. He states, in effect, a clerical error was made on his DD Form 214 in entering the character of service and the BSM was not added to his DD Form 214.
3. He provides his DD Form 214, an Honorable Discharge Certificate, and a BSM 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 has requested correction of the character of service entered on his DD Form 214. The copy of the DD Form 214 he provides and the copy in his Official Military Personnel File (OMPF) show his character of service was honorable. Further review of his OMPF failed to reveal any documents indicating his service was ever characterized as anything but honorable. In the absence of any documents upon which his character of service was recorded as other than honorable, this portion of his request will not be addressed further in these proceedings.
3. On 15 November 1967, he was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
4. From 5 May 1968 to 23 April 1969, he was assigned to duty in Vietnam with 3d Battalion, 47th Infantry.
5. On 14 November 1969, he was honorably released from active duty. His DD Form 214 does not show he was awarded the BSM.
6. Review of his OMPF failed to reveal orders awarding him the BSM or any evidence indicating such orders were published.
7. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.
8. Review of ADCARS did locate Headquarters, 9th Infantry Division, General Orders Number 4770, dated 20 April 1969, which announced award of the Army Commendation Medal (ARCOM) to the applicant for meritorious achievement during the period 28 November 1968 to 28 April 1969.
9. He provides a BSM Certificate, dated 18 April 1969, indicating he was awarded the BSM for meritorious achievement during the period April 1968 to April 1969.
10. 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 n 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 provides a certificate showing he was awarded the BSM. The sincerity of his claim is not questioned. Unfortunately, possession of an award certificate does not automatically confer entitlement to an award. Absent orders which officially awarded him this medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show the BSM.
2. The applicant is advised that if he has a copy of the orders awarding him the BSM or official documentation confirming that such orders were published, he may submit a request for reconsideration. If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature.
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) AR20140009022
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ABCMR Record of Proceedings (cont) AR20140009022
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