IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150001412
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 her husbands, a former service member (FSM), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM).
2. The applicant states her deceased husbands BSM is not shown on his DD Form 214.
3. The applicant provides:
* BSM certificate
* DD Form 214
* Death 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSM enlisted in the Regular Army on 6 August 1969. He was trained in and awarded military occupational specialty (MOS) 62M (Heavy Equipment Maintenance).
3. The FSMs DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 8 February 1970 to 12 March 1971. Item 41 (Awards and Decorations) does not list the BSM.
4. The FSMs official military personnel file (OMPF) is void of any orders or documents that indicate he was ever recommended for or awarded the BSM while serving in Vietnam or at any other time during his military service.
5. On 13 March 1971, the FSM was honorably released from active duty in the rank/grade of specialist four (SP4/E-4) after completing 1 year, 7 months, and 8 days of total active service. His DD Form 214 shows he received the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
6. The applicant provides a certificate that shows the FSM was awarded the BSM for meritorious achievement while serving in the RVN from February 1970 to March 1971. The certificate was signed by the commanding general on
11 March 1971. However, there are no order numbers shown on the certificate nor did the applicant provide the BSM orders associated with the certificate. She also provides a Georgia Death Certificate which shows the applicant died on 25 December 2014.
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 United States Army Human Resources Command, failed to reveal any orders for the BSM pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 3-14 contains guidance on award of the BSM and states, in pertinent part, that it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star. 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 contends the FSMs DD Form 214 should be corrected to show the BSM. However, there is insufficient evidence to support her request.
2. The FSMs OMPF does not contain any evidence to show he was ever recommended for or awarded the BSM by the appropriate award authority. The BSM is not listed on his DA Form 20 and there are no BSM orders pertaining to him in ADCARS. As a result, the evidence the applicant provides cannot be corroborated by the evidence of record.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's request. Should the applicant locate a copy of the orders that awarded the FSM the BSM, she is advised to request reconsideration within
1-year of the board date. The Board will reconsider an application provided the written request is received within 1-year of the board date and new evidence or argument is presented to support the request for reconsideration.
4. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of the FSMs 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.
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