BOARD DATE: 16 November 2017 DOCKET NUMBER: AR20160003562 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes his sacrifices made in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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: 16 November 2017 DOCKET NUMBER: AR20160003562 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 16 November 2017 DOCKET NUMBER: AR20160003562 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 his already-awarded Bronze Star Medal with "V" Device and Army Commendation Medal. 2. The applicant states he was awarded the Bronze Star Medal with "V" Device and Army Commendation Medal just prior to leaving Vietnam. He did not think too much of the fact his DD Form 214 did not reflect these awards when he was released from active duty because he physically possessed the medals. Now, 43 years later, he can longer find them and would like replacements. He is unable to request replacement medals, however, unless they are listed on his DD Form 214. 3. The applicant provides his DD Form 214 for the period ending 20 April 1973. 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 21 April 1971. He held military occupational specialty 11B (Light Weapons Infantryman). 3. He served in Vietnam from 28 September 1971 to 13 June 1972. 4. His available service record is void of any orders indicating the awards of either the Bronze Star Medal with "V" Device or Army Commendation Medal. It does include a DA Form 20 (Enlisted Qualification Record) that shows the following in item 41 (Awards and Decorations): * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar 5. He was honorably released from active duty on 20 April 1973 due to expiration of his term of service. His DD Form 214 shows he completed 2 years of net active service. He was awarded or authorized: * National Defense Service Medal * one overseas service bar * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with one bronze service star * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Combat Infantryman Badge 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 U.S. Army Human Resources Command (HRC), failed to reveal any orders pertaining to the applicant for either the Bronze Star Medal with "V" Device or the Army Commendation Medal. REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. Regarding awards and decorations, it stated all decorations, service medals, campaign credits, and badges awarded or authorized would be reflected. The source document was the DA Form 20. 2. AR 600-8-22 (Military Awards) establishes policies and procedures for military awards and decorations. a. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal and the Bronze Star Medal. c. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes him/herself by heroism, meritorious achievement, or meritorious service. As noted above with the Bronze Star Medal, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application; the applicant has the burden of proving an error or injustice by preponderance of the evidence. The Board begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. DISCUSSION: Although the applicant states he was awarded the Bronze Star Medal with "V" Device and the Army Commendation Medal prior to his departure from Vietnam, he did not provide copies of any military records indicating he received these awards. In addition, neither his available service record nor ADCARS revealed any orders pertaining to the applicant for these awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160003562 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003562 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2