BOARD DATE: 1 February 2011 DOCKET NUMBER: AR20100019434 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, the wife of a deceased former service member (FSM), requests the FSM's record be corrected to show award of the Bronze Star Medal. 2. The applicant states the Bronze Star Medal was omitted from the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 3. The applicant provides the following documentary evidence: * DD Form 214 with a separation date of 7 October 1968 * Bronze Star Medal Certificate * marriage license * death certificate 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 FSM was inducted into the Army of the United States on 26 October 1966 for 2 years. He successfully completed his individual training and was awarded military occupational specialty 13A (Field Artillery Basic). 3. The FSM's personnel service record shows he served in the Republic of Vietnam from 9 April 1967 to 6 October 1968 as a cannoneer with Battery B, 1st Battalion, 77th Artillery, 1st Cavalry Division. 4. Item 41 (Awards and Decorations) of the FSM's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal. 5. On 7 October 1968, the FSM was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation. He was issued a DD Form 214 that shows he was credited with 1 year, 11 months, and 12 days of active service of which he served 1 year, 5 months, and 29 days of foreign service in the U.S. Army Pacific geographic region. 6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded and Authorized) of the FSM's DD Form 214 shows the following awards: * National Defense Service Medal * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Republic of Vietnam Campaign Medal * Vietnam Service Medal * two overseas service bars 7. A review of the FSM's available personnel service record does not show orders were published awarding him the Bronze Star Medal. 8. 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 any orders for the Bronze Star Medal pertaining to the FSM. 9. As evidence to support correction of the FSM's DD Form 214, the applicant provided a copy of a Bronze Star Medal Certificate that shows the FSM was awarded the Bronze Star Medal on 8 November 1968 for meritorious achievement during the period November 1967 to November 1968. 10. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations) governed the military awards program in Vietnam during the Vietnam War. This regulation stated that the Bronze Star Medal 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: There are no orders available in the FSM's personnel service record or in ADCARS awarding the FSM the Bronze Star Medal for his service in the Republic of Vietnam. Regrettably, without official military orders announcing this award, there is insufficient evidence on which to base having his records corrected to show award of the Bronze Star Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ____x__ ___x_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her deceased husband's service to our Nation. The applicant and all Americans should be justifiably proud of her deceased husband's service in arms. ___________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) AR20100019434 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100019434 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1