BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20170004303 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: 18 May 2017 DOCKET NUMBER: AR20170004303 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 the Bronze Star Medal to his DD Form 214. ______________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: 18 May 2017 DOCKET NUMBER: AR20170004303 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, through his Member of Congress, reconsideration of his earlier request for award of the Bronze Star Medal. 3. The applicant's Member of Congress states the applicant served with the 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade, Vietnam, from 21 May 1969 to 7 April 1970. He was involved in three campaigns. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) failed to list the campaigns or his other awards. On application to the Army Board for Correction of Military Records (ABCMR), he was granted partial relief in May 2014 when his DD Form 214 was corrected to show award of the Purple Heart and Army Good Conduct Medal. However, the Board twice denied him relief with respect to the Bronze Star Medal, citing a lack of documentation despite the fact that the applicant provided a certificate. He had been awarded the Bronze Star Medal a month after his separation. Because several awards were missing, the Army bears the burden of proof here. While the applicant does not have the orders that awarded him the Bronze Star Medal, he does have the certificate. The responsibility for those orders rested with the Army. This is a clerical error that should be corrected. The Board should honor this veteran's sacrifice and grant him relief. 3. The applicant provides: * Congressional correspondence * DD Form 214 * DD Form 215 (Correction to DD Form 214) * ABCMR Docket Number AR21030015806, dated 20 May 2014 * ABCMR Docket Number AR20150004507, dated 5 November 2015 * Bronze Star Medal Certificate CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20130015806, dated 20 May 2014, and Docket Number AR20150004507, dated 5 November 2015. 2. The certificate for award of the Bronze Star Medal was previously reviewed by the Board. However, the applicant provides a new argument via his Member of Congress which warrants consideration by the Board. 3. The applicant was inducted into the Army of the United States on 13 August 1968 and he held military occupational specialty 36K (Message Clerk). He departed the United States to travel to Vietnam on 8 May 1969, and he departed Vietnam to return to the United States on 7 April 1970. He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade, from 21 May 1969 through 6 April 1970. 4. He was honorably released from active duty on 11 April 1970. His DD Form 214, as amended by a DD Form 215, does not show award of the Bronze Star Medal. It shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with 3 bronze service stars * Vietnam Campaign Medal * 2 overseas service bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Purple Heart * Army Good Conduct Medal * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation 5. He previously provided a certificate, dated 22 May 1970, signed by Major General A.E. Milloy, who was then in command of the 23rd Infantry Division, which shows he was awarded the Bronze Star Medal for meritorious achievement in ground combat operations in Vietnam from May 1969 to May 1970. The 196th Infantry Brigade was a subordinate unit of the 23rd Infantry Division at that time. The available records do not include general orders announcing this award. 6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal. 7. 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 any orders for the Bronze Star Medal pertaining to the applicant. 8. On 11 October 2016, by letter to his Member of Congress, the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, stated their office was unable to verify the applicant's entitlement to the Bronze Star Medal. His records could not locate such orders or corroborating evidence reflecting his entitlement to this award. However, his request may be pursued retroactively under the provisions of Title 10, U.S. Code, section 1130, which allows for referral of an award recommendation to the Secretary of the Army by a Member of Congress. REFERENCE: Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION: 1. Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. During the Vietnam era, division commanders in the combat theater had Bronze Star Medal approval authority. 2. While there are no orders in the applicant’s available records awarding him the BSM, the award certificate he provides is signed by the appropriate commander and the period of service covered by the award roughly coincides with the applicant’s dates of service in Vietnam. The fact that the certificate was issued more than a month after his departure from Vietnam and his release from active duty would explain the absence of the award on his separation document and may also explain why orders for this award were not filed in his record. 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) AR20170004303 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170004303 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2