IN THE CASE OF:	  

		BOARD DATE:  28 January 2014

		DOCKET NUMBER:  AR20130008867 


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 award of the Bronze Star Medal (BSM).

2.  He states he earned and was awarded the BSM 3 days before he was discharged.  He adds that he only received the certificate on his way out.

3.  He provides his DD Form 214 and 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 May 1970 and enlisted in the Regular Army on 12 May 1970.  He served in the Republic of Vietnam (RVN) from 29 January 1972 to 30 January 1973 and was honorably released from active duty on 31 January 1973.  He completed 2 years, 8 months, and 26 days of total active service.

3.  His DD Form 214 does not show award of the BSM.

4.  There is no entry on his DA Form 20 (Enlisted Qualification Record) showing he was awarded the BSM.

5.  The BSM Certificate, dated 28 January 1973, and citation provided by the applicant indicate he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the RVN from January 1972 to February 1973.  A copy of the certificate, citation, and/or orders awarding him the BSM were not contained in his Military Personnel Record Jacket.

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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the BSM.

7.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated the BSM may have been awarded for heroism, meritorious achievement, or meritorious service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy, including combat, support, and supply operations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

He provided a certificate and citation for the award of the BSM for the period January 1972 to February 1973.  However, the certificate and citation are not sufficient evidence with which to add this award to his DD Form 214.  He provided no orders showing he was awarded the BSM for this period and no evidence was found in his service personnel record or in ADCARS.  Therefore, there is insufficient evidence to support adding award of the BSM to his DD Form 214.


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 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)                                         AR20130008867



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ABCMR Record of Proceedings (cont)                                         AR20130008867



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