BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150014128 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150014128 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. BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150014128 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 the Bronze Star Medal. 2. The applicant states he was awarded the Bronze Star Medal while serving in Vietnam but it is not shown on his DD Form 214. He would like a new DD Form 214 issued that shows the Bronze Star Medal and all the awards listed on his current DD Form 214. 3. The applicant provides his DD Form 214 and Bronze Star Medal Certificate and Citation. 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 7 March 1968. He served in Vietnam from 24 March 1969 to 27 February 1970 while assigned to the 2nd Squadron, 17th Cavalry Regiment, 101st Airborne Division. 3. The applicant provides: a. A Bronze Star Medal Certificate issued by the Commanding General, 101st Airborne Division, dated 3 February 1970, wherein he was cited for award of the Bronze Star Medal for meritorious achievement in Vietnam during the period 1 April 1969 to 31 January 1970. b. A Bronze Star Medal Citation from the 101st Airborne Division, undated, wherein it stated the Bronze Star Medal was presented to the applicant for distinguishing himself by outstanding meritorious service in connection with ground operations against a hostile force in Vietnam during the period 1 April 1969 to 31 January 1970. 4. He was honorably released from active duty on 26 February 1970 and he was transferred to the U.S. Army Reserve. His DD Form 214 does not show award of the Bronze Star Medal. 5. His record is void of orders awarding him the Bronze Star Medal. 6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal. 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 any orders for the Bronze Star Medal pertaining to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION: 1. The applicant's record is void of orders showing he was awarded the Bronze Star Medal. The period of service shown on his Bronze Star Medal Certificate and Citation roughly matches his period of service in Vietnam, and he was assigned to a subordinate unit of the 101st Airborne Division, the command shown on the documents he provides. 2. The governing Army 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. Orders are not available in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014128 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014128 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2