IN THE CASE OF: BOARD DATE: 2 February 2017 DOCKET NUMBER: AR20150016406 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: 2 February 2017 DOCKET NUMBER: AR20150016406 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: 2 February 2017 DOCKET NUMBER: AR20150016406 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) or Meritorious Service Medal (MSM). 2. The applicant states: a. He is requesting award of the BSM without "V" device or MSM. His brother-in-law was a cook in the 1st Air Cavalry Division Artillery and he received a BSM without "V" device. He is in no way disparaging what his brother-in-law did in Vietnam, but he was in the field for 12 months and 4 days as a "grunt" with the 199th Light Infantry Brigade. b. He earned a Republic of Vietnam Gallantry Cross with Palm Unit Citation, two other unit citations, and a Combat Infantryman Badge, to name just a few of the awards he received. He was also involved in frequent firefights. c. His brother-in-law was one of the 549,343 people in Vietnam who received this award for achievement or service. He feels it is only fair that he be considered for the same award as there is quite a difference between being surrounded in a fire base and being in the boondocks for 1 year. d. Effective 11 September 2001, the MSM may bestowed in lieu of the BSM without the "V" device for meritorious achievement in a designated combat theater. The BSM was awarded 30,359 times during the Korean War, although it is unknown how many of that number were for valor as the Army did not track that statistic at that time. The first war to track the "V" device was the Vietnam war with 170,626 awarded for valor and 549,343 awarded for achievement or service. For Operation Iraqi Freedom, 99,886 BSMs were awarded for achievement or service while 2,459 were awarded for valor. Additionally, a number of allied Soldiers, United Nations Soldiers, and coalition forces from World War II through current conflicts were awarded the BSM. 3. The applicant provides: * two self-authored statements * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) * U.S. Army Human Resources Command letter 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 into the Army of the United States on 6 September 1967 and he held military occupational specialty 11C (Indirect Fire Crewman). 3. His records show he served in Vietnam from 5 April 1968 through on or about 5 April 1969 where he was assigned to Company D, 5th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, and Company D, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade. 4. He was honorably released from active duty on 8 April 1969 after completing 1 year, 7 months, and 3 days of active service, including 1 year and 4 days of foreign service. His DD Form 214 does not show award of the BSM or MSM. 5. His service records do not contain orders awarding him the BSM or MSM. 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 Awards and Decorations Branch, failed to reveal orders awarding the applicant the BSM or MSM. 7. His service records contain a DD Form 215, dated 8 July 2005, showing his DD Form 214 was amended by deleting award of the Vietnam Service Medal and adding the following awards: * Vietnam Service Medal with four bronze service stars * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award) 8. He provided a letter from the U.S. Army Human Resources Command Awards and Decorations Branch, dated 30 August 2015, which states that based upon a review of the documentation he forwarded and his entire Army Military Human Resource Record, they were unable to locate official military documentation verifying his entitlement to the BSM. They noted the ABCMR examined his records in November 2004 and issued all awards to which he was entitled as reflected on his DD Form 215. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. 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, provides the legal authority for consideration of proposals for decorations not previously submitted 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. a. The request, along with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, Attention:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. The applicant's unit must be clearly identified along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. b. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: 1. Award of the BSM and MSM require formal recommendations, approval through the chain of command, and announcement in orders. There is no evidence of record and he provided no evidence showing he was ever formally recommended for either award by anyone with knowledge of his service or achievements. 2. The applicant may pursue his claim for either award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 3. The fact that his brother-in-law served as a cook in Vietnam and was purportedly awarded the BSM has no bearing on this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016406 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016406 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2