IN THE CASE OF:

		BOARD DATE:  7 June 2018

		DOCKET NUMBER:  AR20160013587


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




		IN THE CASE OF:

		BOARD DATE:  7 June 2018

		DOCKET NUMBER:  AR20160013587


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 received the Bronze Star Medal after his discharge 
and return home.  This award was never annotated on his DD Form 214.  He has 
searched for the award letter, but unfortunately, he cannot locate the letter.  The 
error was noticed when he was being processed for Department of Veterans 
Affairs benefits.

3.  The applicant provides copies of his DD Form 214 and a photograph of his 
Bronze Star Medal.

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 the cases 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.

2.  The applicant enlisted in the Regular Army on 5 September 1969 and he held 
military occupational specialty 51R (Electrician).  

3.  He served in Vietnam from 2 December 1970 to 12 February 1972.  He was 
assigned to the 172nd Engineer Detachment, U.S. Army Engineer Command 
Vietnam (Provisional) from 13 December 1970 to 9 February 1972. 

4.  He was honorably released from active duty on 14 February 1972 and was 
transferred to the U.S. Army Reserve Control Group (Reinforcement).  His 
DD Form 214 show he completed 2 years, 5 months, and 10 days of active 
service.  The form does not list the Bronze Star Medal among his awards.  

5.  He provided a copy of a photograph of the Bronze Star Medal ribbon inscribed 
with his name.  However: 

	a.  His service record does not contain orders awarding him the Bronze Star 
Medal. 

	b.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted 
Qualification Record) does not list the Bronze Star Medal as an authorized 
award.   

	c.  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 U.S. 
Army Human Resources Command, failed to reveal any orders for award of 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 
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.  There is no evidence of record confirming the recommendation for award of 
the Bronze Star Medal to the applicant was approved during his period of military 
service.  Also, no evidence was found in ADCARS pertaining to award of the 
Bronze Star Medal to the applicant.  

2.  The governing regulation specifies that for all personal decorations, including 
the Bronze Star Medal, formal recommendations, approval through the chain of 
commander, and announcement of orders are required. 


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.

												 
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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160013587


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160013587


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2