IN THE CASE OF: BOARD DATE: 28 August 2012 DOCKET NUMBER: AR20120002156 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 (Report of Transfer or Discharge) to show award of the Bronze Star Medal and Army Commendation Medal. 2. The applicant states the above awards were omitted from his DD Form 214. 3. The applicant provides copies of his DD Form 214 and award certificates and citations for the Bronze Star Medal and Army Commendation Medal. 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 served in the Army of the United States from 12 June 1968 through 11 June 1970 in military occupational specialty 12B (Combat Engineer). He served in Vietnam from 16 November 1968 through 1 December 1969 with the 326th Engineer Battalion, 101st Airborne Division. 3. The Army Commendation Medal award certificate and citation that were provided by the applicant show he was awarded the Army Commendation Medal for exceptional meritorious achievement on 16 June 1969. 4. The Bronze Star Medal award certificate and citation that were provided by the applicant show he was awarded the Bronze Star Medal for meritorious achievement on 17 August 1969. 5. His DA Form 20 shows service in Vietnam during three campaign periods and award of the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar. 6. The available records do not include orders or any other reference for either the Bronze Star Medal or the Army Commendation Medal. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal Bronze Star Medal or Army Commendation Medal orders pertaining to the applicant. 8. Army Regulation 600-8-22 (Military Awards) states: a. 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 n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. b. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. c. Formal recommendations, approval through the chain of command, and announcement in orders are required for all personal decorations. DISCUSSION AND CONCLUSIONS: 1. While the applicant has provided copies of award certificates and citations for a Bronze Star Medal and an Army Commendation Medal, his official records do not include orders or any other evidence that indicates the applicant was awarded these medals. 2. Without official orders to validate the certificates and citations provided by the applicant the evidence is insufficient to correct the applicant's DD Form 214 to show award of the above medals. 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) AR20120002156 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120002156 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1