BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150011251 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150011251 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. BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150011251 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. The applicant states he was awarded the Bronze Star Medal for merit, from May 1970 to January 1971, when he was assigned to the 101st Airborne Division in Vietnam. However, it is not reflected on his DD Form 214. He has the orders (i.e., the citation) and he is enclosing it for review and action by the Board. This is important to him as he has a pending a claim with the Department of Veterans Affairs (VA). 3. The applicant provides his DD Form 214 and a citation for award of the Bronze Star 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 enlisted in the Regular Army for a 2-year term on 15 May 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. He was honorably released from active duty on 17 April 1971. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Combat Infantryman Badge * Army Commendation Medal * Vietnam Service Medal * Air Medal * Good Conduct Medal * Soldier’s Medal * Crewmember Flight Wings 4. He provides a citation that shows he was awarded the Bronze Star Medal for meritorious service from 1 May 1970 to 31 January 1971; however: * his records do not contain orders awarding him the Bronze Star Medal * his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal * 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 additional awards of the Air Medal REFERENCES: Army Regulation 600-8-22 (Military Awards) states 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 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: There is insufficient evidence to show he was recommended for or awarded the Bronze Star Medal. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required. The citation is insufficient by itself. In the absence of orders or any other corroborating documents showing orders were published, there is an insufficient evidentiary basis for granting the applicant's requested relief for the Bronze Star Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011251 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011251 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2