IN THE CASE OF: BOARD DATE: 6 August 2013 DOCKET NUMBER: AR20130001375 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 never received orders for the BSM or an updated DD Form 214 showing award of the BSM. 3. The applicant provides a DA Form 2496 (Disposition Form), dated 22 October 1970, subject: Authorized Awards. 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 on 11 June 1969. He was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of initial entry training. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 11 November 1969 through 23 October 1970. His DA Form 20 does not show award of the BSM. 4. There are no orders or other evidence in his military records that indicate he was recommended for or awarded the BSM. 5. He was honorably released from active duty on 10 June 1971. His DD Form 214 does not list award of the BSM. 6. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the BSM pertaining to the applicant. 7. He provided a DA Form 2496, dated 22 October 1970, subject: Authorized Awards, in which his company commander indicated he was authorized to wear the BSM for achievement and the Air Medal and that orders for the awards were pending. 8. 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: 1. The applicant's contention that his DD Form 214 should be corrected to show award of the BSM has been carefully considered. 2. There are no orders or other evidence in his military records or in the ADCARS data base that show he was awarded the BSM. 3. In the absence of orders showing he was awarded the BSM, the DA Form 2496 he provided is insufficient evidence in and of itself on which to base correcting his DD Form 214 to show this award. 4. In view of the foregoing, there is no basis to grant the requested relief. 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) AR20130001375 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130001375 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1