IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160001600 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 IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160001600 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. IN THE CASE OF: BOARD DATE: 28 September 2017 DOCKET NUMBER: AR20160001600 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 he was awarded the Bronze Star Medal (First Oak Leaf Cluster). 2. The applicant states: a. He received the Bronze Star Medal (First Oak Leaf Cluster) from his commanding officer on 4 February 1971 and it is not listed on his DD Form 214. b. He believes the error occurred because at the time he received the medal, he was getting ready to leave Vietnam and the paperwork just never caught up before he was discharged from the service. c. He has paperwork that shows he received the Bronze Star Medal from Major General James L. Baldwin. 3. The applicant provides: * Bronze Star Medal Certificate, dated 4 February 1971 * Bronze Star Medal Citation for the period February 1970 to January 1971 * DD Form 214, dated 14 February 1971 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 of the United States (U.S.) on 15 July 1969 and arrived in Vietnam on or about 16 December 1969. He was assigned to Battery C, 3rd Battalion, 18th Artillery, Americal Division. 3. On 6 September 1970, Headquarters, Americal Division, General Orders Number 12029 were published awarding the applicant the Bronze Star Medal for meritorious achievement in connection with military operation against a hostile force from 1 May 1970 through 31 August 1970. 4. The applicant departed Vietnam to return the U.S. on 11 February 1971. He was released from active duty on 14 February 1971 as an overseas returnee. His DD Form 214 shows he was awarded the Bronze Star Medal. However, it does not show he was awarded the Bronze Star Medal (First Oak Leaf Cluster). 5. A review of the applicant's official military record fails to reveal orders awarding him the Bronze Star Medal (First Oak Leaf Cluster). 6. The applicant provides a Bronze Star Medal Certificate and Citation showing he was awarded the Bronze Star Medal (First Oak Leaf Cluster) for the period February 1970 to January 1971. The certificate is signed by Major General James L. Baldwin, who was the Commanding General, Americal Division, at the time. 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: The available records do not contain general orders awarding the applicant the Bronze Star Medal (First Oak Leaf Cluster). He has provided a Bronze Star Medal Certificate signed by a Bronze Star Medal approval authority showing he was awarded the Bronze Star Medal (First Oak Leaf Cluster) for the period February 1970 to January 1971, which roughly corresponds to his tour of duty in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001600 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001600 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2