IN THE CASE OF: BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160005430 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 IN THE CASE OF: BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160005430 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. IN THE CASE OF: BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160005430 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 20 March 1971 to show he was awarded the Bronze Star Medal (BSM). Additionally, he requests medal sets for the awards listed on his DD Form 214. 2. The applicant states his DD Form 214 does not list the BSM he received. He is requesting that his DD Form 214 be corrected to show this award. He also never received the medal sets for his other awards. 3. The applicant provides copies of his DD Form 214 and DA Form 4980-5 (BSM Certificate). 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. A portion of the applicant's request concerns the issuance of medal sets for the awards listed on his DD Form 214. The ABCMR does not issue medal sets; requests for the issuance or replacement of military service medals, decorations, awards, badges, and corresponding accouterments should be addressed in writing to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, MO 63138. 3. The applicant was inducted in the Army of the United States on 18 April 1969. 4. The applicant served in the Republic of Vietnam from on or about 18 May 1970 through on or about 19 March 1971. During his service in Vietnam he was assigned to Headquarters and Headquarters Company, 1st Battalion, 11th Infantry, 1st Brigade (Separate), 5th Infantry Division (Mechanized). 5. The applicant was honorably released from active duty on 20 March 1971. His DD Form 214 does not show he was awarded the BSM. 6. The applicant's record does not contain orders that awarded him the BSM. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the BSM. 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 U.S. Army Human Resources Command, failed to reveal any orders that show the applicant was awarded the BSM. 8. The applicant provides a copy of a BSM Certificate that shows he was awarded the BSM for meritorious achievement from May 1970 to April 1971. The certificate shows the award was approved on 17 February 1971. The certificate is signed by Brigadier General John G. Hill, Jr., who was the Commander, 1st Brigade (Separate), 5th Infantry Division, at the time. REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that 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. During the Vietnam era, BSM approval authority was normally delegated to division commanders and commanders of separate brigades. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show he was awarded the BSM was carefully considered. 2. The governing Army regulation provides that for personal decorations, including the BSM, formal recommendation, approval through the chain of command, and announcement in orders are required. 3. The applicant provides a BSM Certificate signed by his brigade commander, who would have had BSM approval authority. The period of service shown on the certificate roughly corresponds to his period of service in Vietnam. His record and ADCARS are void of orders announcing his award of the BSM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014117 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005430 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2