IN THE CASE OF:	   

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140013160 


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) for the period ending 27 July 1969 to show award of the Bronze Star Medal (BSM) and any other authorized awards.

2.  The applicant states he was awarded the BSM for meritorious achievement on 8 April 1969.

3.  The applicant provides:

* BSM Certificate
* DD Form 214 for the period ending 27 July 1969

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 on 3 October 1966 for 2 years.  He completed his training and was awarded military occupational specialty 12B (combat engineer).  On 27 July 1967, he was honorably discharged to accept a commission.

3.  He was commissioned as a second lieutenant in the U.S. Army Reserve on 28 July 1967 with concurrent order to active duty.  He served in Vietnam from 5 April 1968 through 4 April 1969.  On 27 July 1969, he was released from active duty in the rank of first lieutenant.

4.  His DD Form 214 for the period ending 27 July 1969 does not show the BSM as an authorized award.

5.  There are no orders for award of the BSM in his available records.  His DA Form 66 (Officer Qualification Record) does not show the BSM as an authorized award.

6.  He provided a BSM Certificate showing he was awarded the BSM for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period August 1968 to March 1969.

7.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders awarding him the BSM.

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:

There are no orders for award of the BSM in the applicant's available records.  In the absence of orders, the BSM Certificate provided by the applicant is not sufficient as a basis for adding award of the BSM to his DD Form 214.

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)                                         AR20140013160



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ABCMR Record of Proceedings (cont)                                         AR20140013160



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