BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012374 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: 23 August 2016 DOCKET NUMBER: AR20150012374 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. ____________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: 23 August 2016 DOCKET NUMBER: AR20150012374 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 award of the Bronze Star Medal (BSM). 2. The applicant states that he was assigned to the 1st Platoon, F Troop, 17th Armored Cavalry Regiment (ACR), 196th Light Infantry Brigade in Vietnam. He served as an armored personnel carrier (APC) crewmember. In February 1968, he saved the life of a fellow Soldier who was trapped in the APC. The "on-site" noncommissioned officer (NCO) who witnessed the incident was later killed in action in his APC along with his crew. As a result, the award recommendation was never initiated and processed. 3. The applicant provides copies of a "buddy statement," three photographs, and copies of 37 documents from his military personnel records. 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 on 12 September 1966. Upon completion of training he was awarded military occupational specialty (MOS) 11E1O (Armor Crewman). a. He served in Vietnam from 20 July 1967 to 15 July 1968. b. On 30 October 1967, he was promoted to specialist four (E-4) and awarded MOS 63C2O (Track Vehicle Mechanic). c. On 22 February 1968, MOS 63C2O was awarded as his primary MOS and MOS 11E was withdrawn. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments), he served in the principal duty position of recovery mechanic (MOS 63C2O) and was assigned to: * F Troop, 17th ACR, 196th Light Infantry Brigade, from 25 July 1967 through 16 April 1968 * H Troop, 17th ACR, 196th Light Infantry Brigade, from 17 April 1968 through 11 July 1968 b. Item 41 (Awards and Decorations) does not show the BSM. 4. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 15 July 1968. a. He had completed 1 year, 10 months, and 4 days of total active service that included 11 months and 26 days of foreign service. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the BSM. 5. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded or recommended for award of the BSM. 6. 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, Military Awards Branch, failed to reveal any award orders pertaining to the applicant. 7. In support of his application the applicant provides the following documents. a. A notarized statement made by P__ O. D____, U.S. Army (Retired), dated 1 May 2015, subject: Statement Involving a Combat Operation [he] was part of in Vietnam; February 1968. It shows, in pertinent part: (1) He was assigned as an APC driver with the 1st Platoon, F Troop, 17th ACR. On the day in question, a newly assigned NCO was serving as tank commander (TC). The TC ordered the APC crew to increase the basic load of 81mm mortar ammunition. He states that he knew this increased load would adversely affect the maneuverability of the APC in the local terrain. Despite his objections, he was overruled by the TC, and the APC was loaded. (2) Later that day, the APC departed on a mission as the last vehicle in an armored column. The unit was operating north of Chu Lai, south of Da Nang, and west of Highway 1; moving in the direction of the Cambodian border. When the APC entered a river bank, it sank about 10 feet to the bottom. The water pressure forced him (the APC driver) down into the driver's compartment. The pressure was so great that it pinned him down inside the APC. (3) The applicant recognized the APC driver (P__ O. D___) was trapped and immediately dove into the river. The applicant swam down to where he was, put his hands under his arm pits, and pulled him out of the driver's compartment. The applicant then brought him up to the surface and then to the river bank; saving his life. b. Three photographs (with handwritten descriptive information) that show: * four Soldiers (one identified as the applicant) sitting on an M-60 tank * a Soldier (P__ O. D____) standing on top of an APC with several other Soldiers and military vehicles in the background * four Soldiers in a river ("M-113 Antenna – All that shows of APC underwater") c. Copies of 37 documents from the applicant's military personnel records. A review of the documents failed to reveal any orders or other evidence that shows he was awarded or recommended for award of the BSM. 8. In the processing of this case, an ABCMR analyst attempted to contact the applicant (at the telephone number he provided in his application; no email address) to discuss information and available options relating to his application. On 29 July and 1 August 2016, voicemail messages were left for the applicant; however, the ABCMR analyst did not receive a return call from the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. 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. b. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 3. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The applicant contends that his records should be corrected to show award of the BSM. 2. The evidence of record shows that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders. There is no evidence of record that shows the applicant was recommended for or awarded the BSM. Therefore, there is an insufficient evidentiary basis for correcting the applicant's records to show the award. 3. While the available evidence is insufficient for correcting the applicant's records to show award of the BSM, this in no way affects his right to pursue his claim for the award by submitting his request through his Member of Congress under the provisions of 10 USC 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012374 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012374 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2