IN THE CASE OF: BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160002291 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: 24 October 2017 DOCKET NUMBER: AR20160002291 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: 24 October 2017 DOCKET NUMBER: AR20160002291 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 award of the Bronze Star Medal. 2. The applicant states his award of the Bronze Star Medal is missing from his DD Form 214 and this is the third time he has tried to get the Army to correct his records. 3. The applicant provides: * Bronze Star Medal Certificate * DD Form 214 * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), dated 12 January 2014 * Department of Veterans Affairs (VA) Form 21-526EZ (Application for Disability Compensation), page 8, dated 10 March 2014 * Army Review Boards Agency Case Management Division letter, dated 7 January 2016 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 18 September 1969. He completed training and he was awarded military occupational specialty 71B (Clerk Typist). 3. He served in Vietnam during the period 28 June 1970 through 7 June 1971 and he participated in two campaigns. While serving in Vietnam, he was assigned to Headquarters and Headquarters Company and Band, 23d Infantry Division Support Command, from July 1970 to June 1971. During his service in Vietnam he was promoted to specialist four/E-4 and to specialist five/E-5. 4. His DA Form 20 (Enlisted Qualification Record) shows in: a.  item 29 (Qualification in Arms), Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and b.  item 41 (Awards and Decorations), in part: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars 5. On 8 June 1971, he was honorably released from active duty in the rank of specialist five. His DD Form 214 shows he completed 1 year, 8 months, and 21 days of creditable active military service. His DD Form 214 shows he was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 6. He provided: a.  a Bronze Star Medal Certificate, signed by Brigadier General Bertram K. Gorwitz, who at the time was the Acting Commander, 23d Infantry Division, that shows he was awarded the Bronze Star Medal on 22 June 1971 for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam from 1 July 1970 to 31 May 1971; b.  his previously submitted DD Form 149, dated 12 January 2014, showing Docket Number AR20150001569; c.  page 8 of his VA Form 21-526EZ, dated 10 March 2014, showing he was applying for VA disability compensation; and d.  Army Review Boards Agency Case Management Division letter, dated 7 January 2016, referencing Docket Number AR20150001569 and stating his case was administratively closed due to the unavailability of his records. 7. His records are void of orders awarding him 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the Bronze Star Medal. REFERENCES: 1. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. The Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. a.  To qualify, the achievement of the individual should have been of such magnitude that it clearly placed him above his peers. Exceptional performance of duty was not in itself an adequate basis for an award. b.  Approval authority for award of the Bronze Star Medal was delegated to division commanders and was generally delegated no lower than to brigadier generals in command of separate brigades. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. DISCUSSION: The applicant provided a copy of his Bronze Star Medal Certificate that shows he received the award for meritorious achievement from 1 July 1970 to 31 May 1971, a period coinciding with his assignment to the 23d Infantry Division. The certificate is signed by the brigadier general who was the acting division commander at the time. The available records do not include orders announcing award of the Bronze Star Medal to the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002291 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002291 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2