IN THE CASE OF:	   

		BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110022288 


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, in effect, 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.

2.  The applicant states he doesn't know why it wasn't entered on his DD Form 214.

3.  The applicant provides a copy of his Bronze Star Medal 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 applicant's records show he was inducted into the Army of the United States on 28 November 1967 and held military occupational specialty 13A (Cannoneer).  His record shows he served in the Republic of Vietnam from 11 June 1968 to 4 July 1969.

3.  He was honorably released from active duty on 8 December 1969 and  transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 does not show award of the Bronze Star Medal.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Bronze Star Medal and his official military records do not contain any general orders which awarded him the Bronze Star Medal.

5.  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 Bronze Star Medal orders for the applicant.

6.  He submitted a certificate which shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces from 1 September 1968 to 30 April 1969.  He did not submit orders awarding him the medal.

7.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal was awarded for heroism or for meritorious achievement or 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:

1.  The certificate he submitted which shows award of the Bronze Star Medal is noted; however, it is insufficient to grant him the requested relief without orders.  The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Bronze Star Medal).

2.  The applicant's sincerity is not in question.  However, in the absence of orders, there is insufficient evidence to correct his DD Form 214 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.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his 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)                                         AR20110022288



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ABCMR Record of Proceedings (cont)                                         AR20110022288



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