IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150004138 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 reconsideration of his previous requests to add the Bronze Star Medal (BSM) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 27 October 1970. 2. The applicant states, in effect, that there was a clerical error on the Army’s behalf and he should be awarded the BSM. In addition, Army Board for Correction of Military Records (ABCMR) Docket Number AR2004101680 set a precedent for correcting discharge paperwork with proof of an award and certificate only. 3. The applicant provides: * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * his denial letter for ABCMR case number AR20100027344 * ABCMR Docket Number AR20100027344 * ABCMR Docket numbercase number AR2004101680 * personal letter dated 21 February 2015 * BSM Certificate * BSM Citation CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's cases by the ABCMR in Docket Numbers AR20100010231 on 16 September 2010 and AR20100027344 on 28 June 2011. 2. The applicant was inducted into the Army of the United States on 25 March 1969. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. He served in the Republic of Vietnam (RVN) from 7 September 1969 to 26 October 1970. He was assigned to: * the 4th Battalion, 31st Infantry from 21 September 1969 to 2 June 1970 * Headquarters and Headquarters Company, Americal Division from 3 June 1970 to 22 October 1970 4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the BSM. 5. His records are void of documentation showing he was awarded the RVN Gallantry Cross with Palm Unit Citation or the Army Good Conduct Medal (AGCM) or that he received authorization to accept and wear these award. 6. There are no orders or recommendations in his Military Personnel Records Jacket (MPRJ) for the award of the BSM. 7. In the applicant’s personal letter dated 21 February 2015, sent to the Office of Secretary of Defense, Office of the Secretary of the Army, and to several members of Congress, he states that he was awarded the BSM in formation in Vietnam in October 1970 and was shortly discharged on 27 October 1970. His son-in-law noticed the absence of the BSM on his DD Form 214 and they have been trying to obtain a solution to this clerical mistake but as of yet, it has not been rectified. He has the original BSM, certificate, and narrative but is being denied the award. 8. The applicant has also provided a copy of ABCMR Docket Number AR2004101680 in which the BSM was granted to another applicant where only the certificate and citation were available; the orders awarding the BSM were not found in that applicant’s records either. 9. The BSM Certificate he provides indicates that the applicant was awarded the BSM on 17 October 1970 for meritorious achievement during the period of October 1969 to October 1970. The award certificate was authenticated by Major General A.E. Milloy and reflects the imprinted signature of Stanley R. Resor, Secretary of the Army at that time. According to information from the Center for Military History, General Milloy was commander of the 23rd Infantry Division between March 1970 and November 1970. There are no orders in available records which confirmed award of the BSM and it is not reflected on the applicant’s separation document. 10. On 27 October 1970, he was honorably released from active duty. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal (VSM) * Combat Infantryman Badge * RVN Campaign Medal with Device (1960) * ARCOM 11. His record is void of documentation showing he was the subject of disciplinary action during his active duty service. He received all "excellent" conduct and efficiency ratings with the exception of one period of "unknown" ratings. 12. The applicant submitted ABCMR Docket Number AR200410168 in support of his claim that ABCMR approved a BSM for an applicant who only had a BSM Certificate to show the award was authorized. In this case, the previous applicant’s BSM Certificate was signed by the appropriate commander and contains the imprinted signature of the Secretary of the Army at that time, and the period of service covered by the award coincides with the previous applicant’s dates of service in Vietnam. Similarly, the current applicant’s BSM Certificate was also signed by the appropriate commander, had the Secretary of the Army signature imprinted, and his period of service covered by the award coincided with his dates in Vietnam. 13. Army Regulation 600-8-22 also states a bronze service star is worn on the VSM for each credited campaign listed in appendix B. Department of the Army Pamphlet 672-3 shows his service in Vietnam coincided with four campaigns: * Vietnam Summer-Fall 1969 – 9 June 1969 – 31 October 1969 * Vietnam Winter-Spring 1970 – 1 November 1969 – 30 April 1970 * DA Sanctuary Counteroffensive – 1 May 1970 – 30 June 1970 * Vietnam Counteroffensive, Phase VII – 1 July 1970 – 30 June 1971 14. Army Regulation 600-8-22 (Military Awards) states the BSM 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. 15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 4th Battalion, 31st Infantry was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period of 24 August 1969 to 31 December 1969, Department of the Army General Orders (DAGO) Number 6, dated 1974. 16. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “unknown” for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 17. U.S. Army Vietnam (USARV) Regulation Number 672-2 (Foreign Awards and Decorations) stated the RVN Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. DISCUSSION AND CONCLUSIONS: 1. While there are no orders in the applicant’s available records awarding him the BSM, this award certificate is signed by the appropriate commander and contains the imprinted signature of the Secretary of the Army at the time. The period of service covered by the award coincides with the applicant’s dates of service in Vietnam. The fact that the certificate was issued so close to his discharge from the Army could explain the absence of the award on his separation document. Notwithstanding the absence of orders, the applicant’s award certificate could be considered to be sufficient evidence as a basis for adding the award to his DD Form 214. 2. He received "excellent" conduct and efficiency ratings with one “unknown” rating during his service, he was promoted to SP4, and there is no record of any disciplinary action taken against him. Based on his overall record of service, it appears that an administrative error occurred resulting in him not being recommended for or awarded the first award of the AGCM. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 25 March 1969 to 27 October 1970 and correct his final DD Form 214 to show this award. 3. He was awarded the VSM and he participated in four campaigns. He is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded VSM. 4. Although there is no evidence that he was authorized to accept and wear an individual award of the RVN Gallantry Cross, his unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. Awarding him the AGCM (1st Award) for the period 25 March 1969 to 27 October 1970; and b. Amending his DD Form 214 with an effective of 27 October 1970 as follows: (1) Deleting the VSM. (2) Adding the: * VSM with four bronze service stars * RVN Gallantry Cross with Palm Unit Citation * BSM * AGCM __________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. ABCMR Record of Proceedings (cont) AR20100027344 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004138 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1