BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160002027 BOARD VOTE: _____x____ __x_____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160002027 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the applicant's DD Form 214 (item 24) the Bronze Star Medal and Army Commendation 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: 1 June 2017 DOCKET NUMBER: AR20160002027 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal. 2. The applicant states he would like his DD Form 214 to reflect the Bronze Star Medal he earned. He only recently discovered the omission. 3. The applicant provides a certified copy of a DA Form 4980-5 (Bronze Star Medal Certificate). COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel, a Veteran Service Officer, Clackamas County Veterans Services, Portland, OR, requests correction of the applicant's records to show award of the Bronze Star Medal. 2. Counsel defers statements to the applicant. 3. Counsel certified that the copy of the DA Form 4980-5 the applicant provided as evidence "is a true and exact copy of either an original document or of a copy issued by the service department or custodian of 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 appointed as a reserve commissioned officer of the Army, in the rank of first lieutenant (dental officer), on 8 April 1967. He was ordered to active duty on 11 September 1967. 3. His DA Form 66 (Officer Qualification Record) shows in: * item 17 (Foreign Service): Vietnam from 2 September 1968 through 26 August 1969 * item 18 (Record of Assignments): 56th Medical Detachment, from 10 September 1968 through 21 August 1969 * item 21 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * 2 Overseas Service Bars * Combat Medical Badge 4. Headquarters, XXIV Corps, General Orders Number 1455, dated 1 September 1969, awarded the applicant the Army Commendation Medal for meritorious achievement in RVN from 2 September 1968 to 2 March 1969. 5. The applicant's DD Form 214 shows he was honorably released from active duty on 29 August 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his reserve service obligation. a. He had completed 1 year, 11 months, and 19 days of total active service this period that included 11 months and 25 days of foreign service. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the – * National Defense Service Medal * RVN Campaign Medal * Vietnam Service Medal * Combat Medical Badge 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, failed to reveal any additional award orders. 8. In support of his application the applicant provides a certified "true copy" of a DA Form 4980-5, issued on 24 September 1969, that shows the Commanding General, 44th Medical Brigade, awarded the Bronze Star Medal to the applicant for meritorious achievement in ground operations against hostile forces in RVN during the period September 1968 to September 1969. 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. DISCUSSION: 1. The applicant provides a certified "true copy" of a Bronze Star Medal Certificate showing the Commanding General, 44th Medical Brigade, awarded the Bronze Star Medal to the applicant for meritorious achievement in ground operations against hostile forces in the RVN during the period September 1968 to September 1969. The period shown on the certificate generally corresponds to the applicant's period of service in the RVN. Of note is the fact that the certificate was issued on 24 September 1969, after the applicant had left the RVN and after he had been released from active duty. 2. The governing Army regulation shows a personal decoration requires announcement of the award in orders. The available records fail to provide evidence confirming orders were published awarding the Bronze Star Medal to the applicant. 3. The Board must determine if a preponderance of the evidence supports a conclusion that the Bronze Star Medal should be added to the applicant's DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002027 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002027 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2