IN THE CASE OF: BOARD DATE: 11 October 2012 DOCKET NUMBER: AR20120007246 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 (BSM). 2. The applicant states he was awarded the BSM for meritorious achievement but the award is not listed on his DD Form 214. 3. The applicant provides a DD Form 214 and a BSM certificate and citation. 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 was inducted into the Army on 5 December 1968 and he was awarded military occupational specialty 31B (Field Radio Mechanic) upon completion of initial entry training. 3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 4 February 1970. Item 38 (Record of Assignments) shows he departed Vietnam on 2 November 1970. Item 41 (Awards and Decorations) does not show the BSM. 4. There are no orders or any other evidence in his military records that indicates he was recommended for or awarded the BSM. 5. He was honorably released from active duty on 8 November 1970. His DD Form 214 does not list the BSM. 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 orders for the BSM pertaining to the applicant. 7. He provided a BSM certificate and citation that indicates he was awarded the BSM for Meritorious achievement/service during the period November 1969 - November 1970. 8. 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's contention that his DD Form 214 should be corrected to show the BSM has been carefully reviewed. 2. There are no orders or any other evidence in his military records that show he was awarded the BSM and there are no orders in the ADCARS data base. 3. In the absence of orders showing he was awarded the BSM, the certificate and citation the applicant provided are insufficient evidence on which to base correcting his DD Form 214 to show this award. 4. In view of the above, there is no basis to grant the requested relief. 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) AR20120007246 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120007246 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1