IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160015714 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: 19 September 2018 DOCKET NUMBER: AR20160015714 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: 19 September 2018 DOCKET NUMBER: AR20160015714 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 to 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 award was sent to him after his separation from the Army. The papers were lost regarding this award. 3. The applicant provides a copy of his DD Form 214 and two photographs. 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 30 August 1966 and he held military operational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Overseas Service) and 35 (Record of Assignments) show he served in Vietnam from 7 March to 10 December 1967. b. Item 41 (Awards and Decorations) shows no entry for the Bronze Star Medal. 4. He was honorably retired for disability on 19 June 1968. His DD Form 214 shows he completed 1 year, 9 months, and 20 days of active service. His DD Form 214 also shows in: • Item 22c (Foreign And/Or Sea Service) – 9 months and 4 days and the entry USARV (U.S. Army Vietnam) • Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – no entry for the Bronze Star Medal 5. His record is void of orders awarding or authorizing him the Bronze Star Medal during his period of service. 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 Military Awards Branch, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant. 7. He provides two photographs of his Bronze Star Medal. The applicant's name was etched/inscribed into the metal on the back of the Bronze Star Medal in the photographs. REFERENCE: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation 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 are no orders for the Bronze Star Medal in the applicant's available records or in the ADCARS showing the award was approved. 2. The Bronze Star Medal is a personal decoration, and as such, requires a formal recommendation, approval through the chain of command, and announcement in orders. 3. The applicant provided photographs of a Bronze Star Medal which show his name inscribed on the back of the medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015714 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015714 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2