IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150007401 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. The applicant states: * he was drafted into the Army in 1970 * he was in Vietnam from October 1970 to October 1971 * after serving as an infantryman for 6 months, he worked at both battalion and brigade headquarters as a team leader in a tactical operations center * in his final days in Vietnam his company clerk told him he was being recommended for award of the BSM * he returned to duty at Fort Carson, CO, in November 1971 * he received an early discharge in December 1971 * he received the BSM Certificate several months after his return to civilian life 3. The applicant provides: * letter of explanation, dated 20 April 2015 * BSM Certificate * letter from the National Personnel Records Center, dated 14 March 2014 * DD Form 214 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's complete military records are not available for review. 3. His DD Form 214 shows: * he was inducted into the Army of the United States on 14 May 1970 * he served as a light weapons infantryman in Vietnam from 8 October 1970 to 7 October 1971 4. He provided a BSM Certificate, dated 3 October 1971, showing he was awarded the BSM for meritorious achievement in the Republic of Vietnam during the period 7 February 1971 to 19 October 1971. 5. On 22 December 1971, he was honorably released from active duty. 6. His DD Form 214 does not show the BSM as an authorized award. 7. There are no orders for the BSM in the available records. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the BSM pertaining to the applicant. 9. 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 in 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: The BSM Certificate provided by the applicant was carefully considered. https://arbaacts.hqda.ds.army.mil/Case/AR20150007401/Legal/EditHowever, there are no orders for the BSM in the applicant's available records showing award of the BSM. In the absence of orders, the BSM Certificate alone is not sufficient as a basis for adding this award 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) AR20150007401 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007401 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1