BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000174 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000174 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by: * deleting the Vietnam Service Medal * adding the Vietnam Service Medal with 4 bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Bronze Star Medal. ______________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: 11 May 2017 DOCKET NUMBER: AR20160000174 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, in effect, award of the Bronze Star Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal and the four campaigns he participated in. He also requests a personal appearance. 2. The applicant states: a. His DD Form 214 does not reflect the Summer-Fall 1969 campaign; Winter-Spring 1970 campaign; Sanctuary Counteroffensive campaign, 1 May - 30 June 1969; and the Counteroffensive Phase VII campaign, 1 July 1970 - 30 June 1971. b. He is authorized a Bronze Star Medal for his Vietnam service from November 1969 to October 1970. He served as the: * Platoon Leader, for Company B, 31st Engineer Battalion (BN) * Commander (CDR), for Headquarters and Headquarters Company (HHC) * CDR for Company A, 31st Engineer BN c. He was transferred from Company A, 31st Engineer BN, to the U.S. Army Engineer School, Fort Belvoir, VA, and Lieutenant Colonel (LTC) RHG, CDR, 31st Engineer BN, was displeased that he was transferred "early" on 13 October 1970 rather than the date expected to return from overseas service (DEROS), which was 7 November 1970. d. When he was departing Vietnam, he was told by the BN Personnel Officer, Warrant Officer NB, that LTC RHG was very irritated that he received "early" orders to DEROS and "pulled" the awards he was due including a Bronze Star Medal. He also wrote him an "average" Officer Evaluation Report out of spite. 3. The applicant provides his DD Form 214. 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 entered active duty on 4 September 1968 as second lieutenant U.S. Army Reserve (USAR) commissioned officer. On 8 June 1969, he was promoted to first lieutenant and on 8 June 1970 he was promoted to captain (CPT). 3. He served in Vietnam from 6 November 1969 to 13 October 1970 while assigned to the 31st Engineer BN in the following companies from: * 6 November 1969 - 27 March 1970, with Company B * 28 March - 26 June 1970, with HHC * 27 June - 13 October 1970, with Company A 4. General Orders (GO) Number 1024, dated 13 August 1970, issued by Headquarters (HQ), 20th Engineer Brigade, Vietnam, awarded him the Army Commendation Medal for meritorious achievement in Vietnam for the period 14 November 1969 to 2 February 1970. 5. He was honorably released from active duty on 7 June 1971 in the rank of CPT and he was transferred to the USAR Control Group. 6. His DD Form 214 shows the: * Army Commendation Medal with One Oak Leaf Cluster (or 2nd Award) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Vietnam Campaign Medal with Device 1960 7. His record is void of orders awarding him the Bronze Star Medal. Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show the Bronze Star Medal. 8. 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 Military Awards Branch of the U.S. Army Human Resources Command failed to reveal orders for the Bronze Star Medal pertaining to the applicant. REFERENCES: 1. Army Regulation (AR) 600-8-22 (Military Awards) states: a. 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. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of the applicant's record shows he participated in four campaigns during his service in Vietnam. 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Republic of Vietnam Gallantry Cross with Palm Unit Citation to HQ, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. 3. Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 4. The request, 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: U.S. Army Human Resources Command (USAHRC), ATTN: SGS, 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. 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. 5. AR 15-185 (ABCMR) states the ABCMR decides cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record is sufficient to render a fair and equitable decision at this time. 2. The evidence of record confirms the applicant participated in four campaigns during his service in Vietnam; however, his DD Form 214 only shows the Vietnam Service Medal, the 4 bronze service stars he is authorized for wear with this medal is not listed. 3. He served in Vietnam during a period his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; however, his DD Form 214 does not show this unit award. 4. His record is void of orders showing he was awarded the Bronze Star Medal. The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which includes the Bronze Star Medal. 5. A recommendation to deny relief with regard to the Bronze Star Medal in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 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) AR20160000174 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000174 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2