IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018294 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 IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018294 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. IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018294 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 the Bronze Star Medal is not show on his DD Form 214. He wants it corrected so he has credit for this award. 3. The applicant provides copies of: * Bronze Star Medal Citation * Bronze Star Medal Certificate * DD Form 214 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 in the Army of the United States on 19 August 1968. He completed training and was awarded military occupational specialty 73C (Pay Specialist). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments), he was assigned to the Company A, 75th Support Battalion, 1st Brigade, 5th Infantry Division (Mechanized), in Vietnam from 18 July 1969 through 12 July 1970. c. item 41 (Awards and Decorations) the Bronze Star Medal is not listed. 4. On 17 July 1970, the applicant was honorably released from active duty as a specialist five/E-5. He completed 1 year, 10 months, and 29 days of net active service. His DD Form 214 does not show the Bronze Star Medal. 5. No orders for the Bronze Star Medal are in his available records. 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 Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant. 7. In support of his application the applicant provided copies of a Bronze Star Medal Certificate and Citation. The Bronze Star Medal Certificate indicates he received this award for meritorious achievement during the period July 1969 to July 1970. The Bronze Star Medal Citation shows the same period, but indicates he received the award for meritorious service. The certificate is signed by the brigadier general who was in command of the 1st Brigade, 5th Infantry Division (Mechanized), at the time. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Bronze Star Medal 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: 1. No Bronze Star Medal orders are available for review by the Board. Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. 2. The documents the applicant provides shows the same period of service, but show the award was given for different reasons: the certificate shows achievement as the reason and the citation shows service. The Board must determine if a preponderance of the evidence indicates the applicant did, in fact, receive an award of the Bronze Star Medal for his period of service in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018294 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018294 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2