BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160012901 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: 9 May 2018 DOCKET NUMBER: AR20160012901 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: 9 May 2018 DOCKET NUMBER: AR20160012901 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) for the period ending 16 June 1971 to show award of the Bronze Star Medal (BSM). 2. The applicant states the BSM was sent to him after he was discharged, but it is not listed on his DD Form 214. 3. The applicant provides: * BSM Certificate and Citation * DD Forms 214 for the periods ending 7 August 1969 and 16 June 1971 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 enlisted in the Regular Army on 3 September 1968 for a period of 2 years. On 7 August 1969, he was honorably discharged to accept a commission. He was commissioned as a second lieutenant in the U.S. Army Reserve on 8 August 1969. He served in Vietnam from 13 July 1970 to 11 June 1971. 3. He provided a BSM Certificate, dated 8 June 1971, for meritorious achievement for the period January 1971 to April 1971 in Vietnam. He also provided a citation for this medal. 4. Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show the BSM. 5. On 16 June 1971, he was honorably released from active duty. 6. His DD Form 214 for the period ending 16 June 1971 does not show the BSM as an authorized award. 7. There are no orders for the BSM in the available records. 8. 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, failed to reveal BSM orders pertaining to the applicant. REFERENCES: 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. The BSM is a personal decoration, and as with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. DISCUSSION: 1. The applicant contends he received the BSM after he was discharged, but it is not listed on his DD Form 214. 2. There are no orders for award of the BSM in his available records and the Awards and Decorations Computer-Assisted Retrieval System does not contain a copy of any orders awarding him the BSM. 3. The applicant provides a citations and a certificate for the BSM, but his records do not contain orders. The BSM is a personal decoration, and as with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is required. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012901 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012901 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2