IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150008767 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: 29 March 2016 DOCKET NUMBER: AR20150008767 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: 29 March 2016 DOCKET NUMBER: AR20150008767 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) for the period ending 5 June 1970 by adding the Bronze Star Medal. 2. The applicant states, in effect: * he served in Vietnam, and his unit was not acknowledged nor given proper recognition * he heard from other Veterans his unit went through hell and sustained many casualties * during the period 3 April 1968 to 5 April 1968, he was in Company B, 3rd Battalion, 47th Infantry, 9th Infantry Division * his unit was told to expect an enemy attack; during the battle that followed, his squad came under heavy mortar, rocket, and sniper fire * significantly, only enlisted Soldiers were involved in this battle as no officers were assigned at the time * the enemy was relentless but his squad held its ground; the applicant was severely wounded, but recalls some events * he remembers fellow squad members being killed by mortar and rocket fire as well as seeing two boats, used as patrol craft, being destroyed * he was wounded as a result of shrapnel wounds; he, with several others, were medically evacuated by helicopter for treatment at medical facilities * he was sent to Japan to recuperate and later learned of the horrific casualty losses his unit sustained * according to various accounts, about 20 members of his squad were killed and there were a large number of wounded * this information is incredible and difficult for him to deal with emotionally * to date, he has communicated with his Congressional Representative and a lieutenant colonel at the U.S. Army Human Resources Command (HRC); his goal has been for the sacrifices of his fellow Soldiers to be recognized * he is still haunted by the memory of the attack and cannot find closure until he knows all the circumstances of the battle, and learns details about those who fought and died there and those who survived * he is not asking for compensation; he just hopes to find closure and perhaps for recognition in the form of the Bronze Star Medal 3. The applicant provides: * letter, dated 23 March 2015, from the National Personnel Records Center * letter, undated, from the applicant addressed to his Congressional Representative * Letter from the Army Board for Correction of Military Records (ABCMR), dated 23 May 2011 * DD Form 214 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 enlisted in the Regular Army on 5 September 1967. 3. He was honorably released from active duty on 5 June 1970. His DD Form 214 shows he served in Vietnam from 8 March 1968 to 7 June 1968. It does not show the Bronze Star Medal, but does, as amended by a DD Form 215 (Correction to DD Form 214), reflect he was awarded or authorized: * Purple Heart * National Defense Service Medal * Armed Forces Expeditionary Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge 4. Item 41 of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal. 5. His available service record contains neither a recommendation nor orders for a Bronze Star Medal. 6. 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, failed to reveal any orders for the Bronze Star Medal. 7. In an email from HRC, dated 22 March 2016, an official confirms information regarding the process to submit an award recommendation under the provisions of Title 10, U.S. Code, section 1130 (10 USC 1130) was provided in 2011 to the applicant's Congressman. To date, no request has been received. 8. The applicant's name appears on the Vietnam casualty listing. This is a listing of Vietnam-era casualties commonly used to verify entitlement to award of the Purple Heart. The listing indicates he was wounded as a result of hostile action on 4 April 1968. 9. The applicant provides a letter, dated 23 May 2011, from ABCMR, which essentially addresses his earlier request to add the Bronze Star Medal to his DD Form 214, advising him to follow the 10 USC 1130 process, and provides details for submitting such a request through his Member of Congress for consideration for award of the Bronze Star Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards and decorations. It states 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. Title 10, USC, section 1130 (10 USC 1130), permits a Member of Congress to request consideration of a proposal for the award or presentation of decoration, either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. This provision also allows the Service Secretary concerned to review a proposal for the award of a decoration that is otherwise precluded from consideration by limitations established by law or policy. a. According to Army Regulation 600-8-22, the proposed recipient must submit a DA Form 638 (Recommendation for Award) under 10 USC 1130. The DA Form 638 should clearly identify the applicant's unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638. b. In addition, the award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. c. The request is then referred to the Service Secretary from the Member of Congress, by sending it, with associated documentation, to HRC, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: The applicant requests the Bronze Star Medal be added to his DD Form 214 for the period ending 5 June 1970. The basis of the award is his participation and wounding during a battle which took place in Vietnam between 3 April and 5 April 1968. a. His DD Form 214 confirms he was in Vietnam during the time period of the battle. b. The Vietnam Casualty Report shows he was wounded as a result of hostile action on 4 April 1968 (also within the timeframe identified by the applicant for the battle). c. There is no evidence, either offered by the applicant or in the available service record, which indicates he was either recommended for or awarded a Bronze Star Medal. d. The evidence of record also indicates both he and his Congressman were provided information regarding the processing of the approval of the Bronze Star Medal under the provisions of 10 USC 1130. To date, the required request and supporting documentation have not been received by HRC. 2. Based on the foregoing, there does not appear to be sufficient evidence to support granting the requested relief. The applicant's request can be reconsidered if, after following the 10 USC 1130 process, his request for the Bronze Star Medal is denied by HRC. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008767 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008767 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2