BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003912 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: 26 September 2017 DOCKET NUMBER: AR20160003912 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 amending his DD Form 214 to show he was awarded the Bronze Star Medal and Army Commendation Medal. __________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: 26 September 2017 DOCKET NUMBER: AR20160003912 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 and two bronze service stars for wear on his previously awarded Vietnam Service Medal. 2. He states he has documentation showing he was awarded the Bronze Star Medal and Vietnam Service Medal with two bronze service stars during his period of service. He is proud of his valor in Vietnam and he deserves to have these medals awarded to him and the honor thereof. 3. He provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * memorandum from Headquarters, 2nd Battalion (Airmobile), 506th Infantry, dated 19 June 1970 * DA Form 1577 (Authorization for Issuance of Awards), dated 6 June 2002 * memorandum from the National Personnel Records Center (NPRC), dated 10 June 2002 * letter from the applicant to the Military Records Center, dated 28 January 2016 * self-authored statement, dated 14 February 2016 * Archive Technician email, dated 10 February 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 enlisted in the Regular Army on 24 March 1969. 3. He served in the Republic of Vietnam (RVN from 20 August 1969 through 8 March 1970 with the 2nd Battalion (Airmobile), 506th Infantry. His service coincides with two campaigns. 4. His DA Form 20 (Enlisted Qualification Record) shows in: * item of 38 (Record of Assignment) he received "excellent" conduct and efficiency ratings throughout his period of service * item 40 (Wounds) he sustained a fragment wound to his hand on 23 February 1970 * item 41 (Awards and Decorations) no award of the Bronze Star Medal. 5. He was honorably released from active duty on 23 March 1971. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Air Medal * Combat Infantryman Badge * Vietnam Service Medal with two bronze service stars * Vietnam Campaign Medal with “1960” Device 6. On 7 June 2002, the applicant was issued a DD Form 215 showing he was awarded the Purple Heart. 7. The applicant provides: a. A letter from the Adjutant, Headquarters, 2nd Battalion (Airmobile) 506th Infantry, dated 19 June 1970, stating orders awarding him the Army Commendation Medal (ARCOM), Combat Infantryman Badge, Bronze Star Medal, and Purple Heart were forwarded. However, since the orders were not yet received by him, copies of the award orders were enclosed. b. Memorandum from NPRC, dated 10 June 2002, informing the applicant there was no evidence he was awarded the Bronze Star Medal. c. A self-authored statement wherein he contends he was assigned to Vietnam in August 1969 until he was medically evacuated at the end of February 1970. During this period, he went to defend the perimeter and took the last helicopter out to the new combat area. Another helicopter had crashed and there were bodies everywhere. He jumped into a swamp and began assisting with the evacuation of many wounded and or dead Soldiers. He sustained a combat injury to his hand when his helicopter came under fire. He was told he would receive the Bronze Star Medal for his bravery. He now suffers from post-traumatic stress disorder (PTSD) and tinnitus. 8. His record is void of orders awarding him the Bronze Star Medal. 9. 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 orders for the Bronze Star Medal pertaining to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. This regulation also states: a. 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. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. c. A brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in Item 40 of the DA Form 20. This regulation, in effect at the time, further stated the date the wound or injury occurred would also be placed in Item 40. DISCUSSION: 1. The governing Army regulation states formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal. Evidence provided by the applicant indicates that on 19 June 1970 he was provided a copy of his BSM orders and ARCOM orders; however, orders are not available in the record nor did he provide such orders. 2. The applicant’s DD Form 214 shows he was authorized the Vietnam Service Medal with two bronze service stars for his participation in two campaigns. There is no apparent error concerning this issue. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003912 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003912 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2