ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  15 February 2019

	DOCKET NUMBER:  AR20160014703


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Bronze Star Medal (BSM).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* BSM Citation
* Authorization for Issuance of Awards, dated 5 October 1988
* Honorable Discharge Certificate
* DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he has in his possession a BSM Citation, which he has provided.  He states the BSM was not listed on his DD Form 214.  He does not have general orders or an order number for this award.  He believes his record should be corrected to include the BSM.

3.  On 3 June 1969, he was inducted into the Army of the United States.  He held military occupational specialty 62K (Grader Operator).

4.  His DA Form 20 (Enlisted Qualification Record) shows:

* service in Vietnam from on or about 2 November 1969 through 1 October 1970 (item 31)
* assignment in Vietnam to the 35th Engineer Battalion (Combat) for his entire tour (item 38)
* no entries indicating he was awarded the BSM (item 41)

5.  General Orders Number 1167, dated 24 September 1970, announced award of the Army Commendation Medal to the applicant for meritorious service from 2 November 1969 to 1 November 1970.  (This award is not shown on his DD Form 214 and is addressed in Administrative Notes below.)

6.  He provides a BSM Citation that states he distinguished himself by outstandingly meritorious service during the period November 1969 to November 1970.  

7.  The available records do not include orders announcing award of the BSM to him or any other documents indicating he was recommended for this award.

8.  On 2 June 1971, he was honorably released from active duty.  The DD Form 214 he was issued at that time does not list the BSM among his authorized awards.

9.  A review of Vietnam era awards records maintained by the U.S. Army Human Resources Command failed to reveal orders announcing award of the BSM to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) states: 

     a.  Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

     b.  The BSM is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, or a friendly foreign nation, after 6 December 1941, distinguished himself or herself by heroic or 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 personnel decorations, award of the BSM requires a formal recommendation, approval through the chain of command, and announcement in orders.

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence in the service records, and applicable regulations, policy, and guidance.  The applicant provided a BSM citation for outstanding meritorious service from November 1969 to November 1970.  However, available records do not include orders announcing award of the BSM or any other documents indicating he was recommended for this award.  Further, a search of Vietnam era awards records maintained by the U.S. Army Human Resources Command found no orders announcing award of the BSM to the applicant.  The record does contain orders awarding the applicant the Army Commendation Medal for the period 2 November 1969 to 1 November 1970.  In accordance with regulation only one decoration can be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  Therefore the Board denies the applicant’s request. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION

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.


ADMINISTRATIVE NOTES:

The applicant’s record confirms he is authorized awards that are not recorded on his DD Form 214 for the period ending 2 June 1971.  His DD Form 214 will be administratively corrected to show:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* three Bronze Service Stars for wear with the Vietnam Service Medal 
* Expert Marksmanship Qualification Badge with Grenade and Rifle (M-16) Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states: 

     a.  Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

     b.  The BSM is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, or a friendly foreign nation, after 6 December 1941, distinguished himself or herself by heroic or 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 personnel decorations, award of the BSM requires a formal recommendation, approval through the chain of command, and announcement in orders.


ABCMR Record of Proceedings (cont)	 AR20160014703
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