IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160015149 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: 6 June 2018 DOCKET NUMBER: AR20160015149 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: 6 June 2018 DOCKET NUMBER: AR20160015149 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 (Report of Separation from Active Duty) to show he was recommended for or awarded the Bronze Star Medal and Air Medal. 2. The applicant states he was a light weapons infantry advisor as a member of Advisory Team 70 of the 8th Regiment attached to the 5th Army Infantry Division. He was recommended for both the Bronze Star Medal and the Air Medal while serving as an advisor to the South Vietnamese Army in 1967-1968. His senior advisor Captain C_____ recommended him and the recommendation was sent to Major C_________. Another Soldier, a heavy weapons infantry advisor, was also recommended around the same time, but he does not remember his name. 3. The applicant provides no additional evidence. 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 entered into military service as an enlisted Soldier in March 1950. He served through a series of immediate reenlistments in the Regular Army. 3. Item 5 (Overseas Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Vietnam from 25 February 1967 to 17 February 1968. 4. On 31 May 1979, he retired honorably with over 21 years of total active service. The DD Form 214 he was issued at the time does not show award of the Bronze Star Medal or Air Medal. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal with oak leaf cluster * Army Occupation Medal (Germany) * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Drill Sergeant Badge * U.S. Army Recruiter Badge * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle and Grenade Bars 4. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal or the Air Medal pertaining to the applicant. REFERENCES: 1. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. 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. DISCUSSION: 1. The governing Army regulation states that for personal decorations, which include the Bronze Star Medal and Air Medal, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. The applicant's did not provided nor do his records contain any evidence to show he was awarded the Bronze Star Medal or Air Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015149 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015149 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2