IN THE CASE OF: BOARD DATE: 29 October 2020 DOCKET NUMBER: AR20200002882 APPLICANT REQUESTS: award of the Bronze Star Medal (BSM) with valor. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that he should have received the Bronze Star Medal with valor for directing and implementing the first implementation of the “Beehive” round utilized to stop the enemies advance and complete overrun of Landing Zone Leslie in the Que Sohn Valley on 3 January 1968. The details of this attack made the front page news. Additionally, the 1st Cavalry Division, Bravo Battery 1st of the 21st Artillery was issued a Presidential Citation for their heroic actions and accomplishments during the enemy attack that resulted in 73 casualties from within their perimeter. He contests that he received a 2 pay grade, battlefield promotion for his actions, but he never heard further about being awarded the BSM with valor. He adds that recently he was in contact with another Soldier who informed him that he received his medals for service raising the question of why he had not received the same as he served as the Chief of the Section at the time. They were both verbally informed at the time that they were submitted for BSM’s for their actions. 2. A review of the applicant’s available service records reflects the following: a. On 8 August 1966 he enlisted in the Regular Army. b. Review of his Enlisted Personnel Qualification Records and Order# 75 indicates 12 months of service in Vietnam. During his service in Vietnam he received credit for participation in the following campaigns: * Vietnam Counter Offensive (Phase II through V) * Tet Offensive c. In recognition of his service he received the following awards: * National Defense Service Medal (NDSM) * Overseas Service Medal (OSM) with 1 Oak Leaf Cluster * Republic of Vietnam Service Medal (VSM) * Republic of Vietnam Campaign Medal (VCM) * Army Commendation Medal (ARCOM) d. On 30 July 1969 (Order# 179) he was reassigned pending release from active duty and transfer into the United States Army Reserve (USAR) Reinforcement. e. On 7 August 1969 he was honorably discharged from active duty and transferred into the USAR Reinforcement. f. On 26 July 1972 (Order# 07-1250348 he was discharged from the USAR effective 7 August 1972. 3. The applicant did not provide supporting documentation nor does review of his available service records reflect documentation associated with any particular events of displayed heroism during his military service. 4. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the lack of documentation either found in the record or submitted by the applicant to show the applicant was awarded the Bronze Star Medal with valor during his military service, the Board concluded there was insufficient evidence of an error or injustice which would warrant adding the award to his military records. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. Prior to closing the case, however, the Board did note the administrative notes below from the analyst of record and recommended those changes be completed to more accurately reflect the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending August 7, 1969 by adding the following award for his service while assigned to the Bravo Battery, 1st Battalion 21st Artillery, 1st Cavalry Division: * Overseas Service Medal w/ 1 OLC * Valorous Unit Award 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * DD Form 214 * DA Form 20 (Enlisted Qualification Record) 3. Correct the applicant’s DD Form 214 to add the awards shown in paragraph 1 above. Provide the applicant with a copy of the corrections and the medals and citations, as applicable. Please record the corrections in the applicant’s official military personnel record. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. AR 600-8-22 (Military Awards) provides that the Bronze Star Medal (BSM) was established by Executive Order 9419, 4 February 1944 (superseded by Executive Order 11046, 24 August 1962, as amended by Executive Order 13286, 28 February 2003). The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or 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. Title 10, United States Code, section 1133, (10 USC 1133) limits award of the Bronze Star Medal to service members receiving imminent danger pay. Awards may be made for acts of heroism, performed under circumstances described above, which are of lesser degree than required for the award of the Silver Star. The Bronze Star Medal may be awarded for meritorious achievement or meritorious service according to the following: a. Awards may be made to recognize single acts of merit or meritorious service. The lesser degree than that required for the award of the Legion of Merit must nevertheless have been meritorious and accomplished with distinction. b. Award may be made to each member of the Armed Forces of the United States who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947. For this purpose, an award of the Combat Infantryman Badge or Combat Medical Badge is considered as a citation in orders. Documents executed since 4 August 1944 in connection with recommendations for the award of decorations of higher degree than the Bronze Star Medal will not be used as the basis for an award under this paragraph. The Army Commendation Medal (ARCOM) may be awarded for acts of valor performed under circumstances which are of a lesser degree that required for award of the BSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002882 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1