IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150009259 BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150009259 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 31 August 1989 to show the Bronze Star Medal. ___________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. IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150009259 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 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 August 1989 to show award of the Bronze Star Medal (BSM). 2. He states his DD Form 214 for a prior period of service shows award of the BSM. 3. He provides a self-authored statement, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 22 October 1969, and his DD Form 214 for the period ending on 31 August 1989. 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 military records are not available to the ABCMR for review. The Board’s staff checked with the National Personnel Records Center on three separate occasions and was informed that the applicant's records were "charged out" and there was no indication of when the records would be returned. This case is being considered using the documents provided by the applicant. 3. The available evidence shows the applicant was inducted into the Army of the United States on 3 January 1968. He was honorably discharged for immediate reenlistment on 22 October 1969. His DD Form 214 for this period of service shows the: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Army Commendation Medal * BSM * Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) 4. On 3 July 1975, the applicant reenlisted in the Regular Army and he was honorably retired on 31 August 1989. All awards from his DD Form 214 for the period ending on 22 October 1969 are listed on his DD Form 214 for the period ending on 31 August 1989, except the BSM. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) all the awards and decorations from all periods of service. DISCUSSION: The applicant's DD Form 214 for the period ending on 22 October 1969 shows he was awarded the BSM. However, this award is not listed on his DD Form 214 for the period ending on 31 August 1989. In accordance with the cited regulation, all awards for all periods of service are required to be listed on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009259 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009259 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2