BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005944 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 military records by adding the Bronze Star Medal (BSM) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He further requests, in effect, an original certificate for the BSM. 2. The applicant states he is trying to gather records of his service for placement into a shadow box. 3. The applicant provides copies of: * DD Form 214 (Copy Number 1) * A citation for award of the BSM 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. On 1 March 1966, the applicant was inducted into the Army of the United States. He was trained as an artilleryman. a. On 15 July 1966, he was assigned to C Battery, 2nd Battalion, 11th Artillery Regiment located at Fort Campbell, Kentucky. b. On 26 November 1966, he arrived with his unit in the Republic of Vietnam (RVN). c. On 28 November 1967, he departed the RVN and was sent to Fort Lewis, Washington. d. On 2 December 1967, the applicant was released from active duty. He attained the rank of specialist four, pay grade E-4 and had completed 1 year, 9 months, and 2 days of creditable active service. 3. The applicant's DD Form 214 indicates he was awarded: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Good Conduct Medal 4. A review by the Awards Branch, U.S. Army Human Resources Command, of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the BSM. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command. 5. 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. 6. The applicant provided a copy of a citation stating that he was awarded the BSM for outstanding meritorious service for the period November 1966 to December 1967 while serving in connection with military operations against a hostile force in the RVN. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show award of the BSM and that he should be provided an original certificate showing he was presented this medal. 2. There are no available general orders announcing an award of the BSM to the applicant. The citation provided by the applicant is not sufficient evidence, by itself, upon which to base a correction of his DD Form 214. 3. In view of the above, the applicant’s request should be denied. 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 that 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) AR20110020295 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005944 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1