BOARD DATE: 4 May 2017 DOCKET NUMBER: AR20160000666 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: 4 May 2017 DOCKET NUMBER: AR20160000666 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: 4 May 2017 DOCKET NUMBER: AR20160000666 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 of his records to show award of the Bronze Star Medal. 2. The applicant states he was assigned to the 723rd Maintenance Battalion in the Republic of Vietnam (RVN). He was responsible for repairing and maintaining Fadae computers located at various locations in RVN. He also states he extended his tour of duty in RVN for a period of 4 additional months. His commanding officer promised him an award of the Bronze Star Medal for performing his duties at approximately 50 different landing zones. 3. The applicant provides no documentary evidence in support of his application. 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 14 June 1968 for a period of 3 years. He was awarded military occupational specialty 34G (Fire Control Computer Repairman). 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 31 (Foreign Service), he departed the United States for assignment in Vietnam on 24 September 1969 * item 38 (Record of Assignments) – * 23rd Administrative Company, Replacement Detachment, from 28 September 1969 through 3 October 1969 * Headquarters and Company A, 723rd Maintenance Battalion, from 4 October 1969 through 12 December 1970 * Item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Army Commendation Medal (1st Oak Leaf Cluster) * Expert Marksmanship Qualification Badge with Rifle (M-16) Bar 4. Headquarters, Americal Division, General Orders (GO) Number 10545, dated 13 August 1970, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service in RVN from September 1969 to September 1970. 5. 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 19 December 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his reserve service obligation. a. He had completed 2 years, 6 months, and 6 days of total active service this period that included 1 year, 2 months, and 24 days of foreign service. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the: * National Defense Service Medal * Army Commendation Medal (1st Oak Leaf Cluster) * Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar * Vietnam Service Medal * RVN Campaign Medal with Device (1960) 6. A review of the applicant's military personnel record failed to reveal orders or evidence that shows he was awarded the Bronze Star Medal or any evidence of a recommendation for award of the Bronze Star Medal. 7. A request for 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, revealed a copy of Headquarters, Americal Division, GO Number 6042, dated 12 June 1970, that awarded the applicant the Army Commendation Medal for meritorious achievement in RVN from 1 January 1970 to 30 April 1970. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. 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. 2. Army Regulation 640-10 (Military Personnel Records), in effect at the time, assigned responsibilities for maintaining and controlling the Official Military Personnel File (OMPF) and the Military Personnel Records Jacket (MPRJ). It shows the award order and citation will be filed in the performance section of the OMPF and in the permanent section of the MPRJ. 3. 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. 4. 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 Bronze Star Medal because his commanding officer promised he would be awarded the Bronze Star Medal. 2. The sincerity of the applicant's comments is not in dispute. a. The applicant provides no documentary evidence in support of his claim to the Bronze Star Medal. b. A thorough review of the applicant's military personnel records and a search of the Awards and Decorations Computer-Assisted Retrieval System failed to reveal evidence that he was awarded the Bronze Star Medal or any evidence of a recommendation for award of the Bronze Star Medal. c. The available evidence is insufficient to support correction of the applicant's records to show award of the Bronze Star Medal. 3. A recommendation to deny relief in this case in no way affects the applicant's right to pursue his claim for the Bronze Star Medal by submitting a 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) AR20160000666 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000666 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2