IN THE CASE OF: BOARD DATE: 27 September 2012 DOCKET NUMBER: AR20120004339 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 the Bronze Star Medal. 2. He states he was awarded the Bronze Star Medal shortly before leaving Vietnam. He has all of the documentation that came with the award except for the orders. 3. He provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Bronze Star Medal certificate * Bronze Star Medal citation * Letter Orders Number 07-1230297 discharging him from the U.S. Army Reserve (USAR) * DD Form 256A (Honorable Discharge) 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. His military records show he was inducted into the Army on 16 August 1969. He was awarded military occupational specialty 11B (Light Weapons Infantryman) and he was promoted to the rank of sergeant/E-5. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 7 January 1970 to 19 March 1971. It does not list the Bronze Star Medal. 4. He was honorably released from active duty on 20 March 1971 and transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 7 months, and 5 days of creditable active service. 5. His DD Form 214 does not list the Bronze Star Medal. 6. He provides a copy of a Bronze Star Medal certificate, dated 18 December 1970, showing he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from January 1970 to December 1970 and a Bronze Star Medal citation. 7. His records are void of orders or other documents that indicate he was recommended for or awarded the Bronze Star Medal by proper authority. 8. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 award of the Bronze Star Medal pertaining to the applicant. 9. Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded to any person who distinguished himself or herself by heroism or meritorious achievement or service not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION AND CONCLUSIONS: 1. While the applicant provided a copy of a Bronze Star Medal certificate and citation, he did not provide orders authorizing this award. 2. There is no evidence of record and he did not provide any evidence that shows he was awarded or recommended for award of the Bronze Star Medal. In the absence of orders the evidence is insufficient to correct his DD Form 214 to show award of the Bronze Star Medal. 3. Regrettably, in view of the foregoing there is no basis for granting the applicant's request. 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) AR20120004339 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120004339 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1