ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2019 DOCKET NUMBER: AR20160015723 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 17 June 1970 to: * add the Bronze Star Medal * show he was assigned to "Company E" instead of "Company C" APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * National Personnel Records Center Letter FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he received the Bronze Star Medal in 1970. He wants his DD Form 214 to reflect this award and to show the proper company. 3. The applicant was inducted into the Army of United States on 12 June 1969. He served in Vietnam from 12 November 1969 to 17 December 1970. 4. His DA Form 20 shows the following data: * Item 38 (Record of Assignments) - he was assigned to duty in Vietnam with Company E, 3rd Battalion, 1st Infantry, 11th Infantry Brigade * Item 41 (Awards and Decorations) - the entry "BSS" awarded by "GO# 13141 HQ Americal (30 Sep 70)" 5. His military personnel records contain orders that show he was assigned to Company E, 3rd Battalion, 1st Infantry: * Special Orders Number 38 * Special Orders Number 174 * General Orders Number 9371 * Special Orders Number 273 * Special Orders Number 331 6. On 17 December 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows: * no entry for award of the Bronze Star Medal * his last duty assignment and major command as Company C, 3rd Brigade, 1st Infantry, 11th Infantry Brigade 7. There is no evidence that shows he was assigned to Company C, 3rd Brigade when he was released from active duty. 8. The applicant provided a letter, dated 2 April 2016, from the National Personnel Records Center that indicates his DA Form 20 shows the "Bronze Star Medal." 9. His official military records do not contain general orders awarding him the Bronze Star Medal. 10. 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 Bronze Star Medal orders for the applicant. 11. 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. 12. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. Item 12 (Last duty assignment and major command) states for personnel reassignment on orders to a transfer activity or to a medical holding detachment prior to separation, enter the losing unit of assignment as shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Maj Comd/Agcy" of the orders reassignment the individual to the transfer activity or the medical holding detachment. BOARD DISCUSSION: After reviewing the Record of Proceedings and all supporting documents, the Board determined that evidence supports granting full relief: a. awarding of the Bronze Star Medal to the applicant based upon the applicant’s DA Form 20 and letter from the National Personnel Records Center. him receiving excellent conduct and efficiency ratings on his DA Form 24, and b. correcting the unit of assignment. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes below the signature block, the Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 as follows: 1. correct item 12, (Last duty assignment and major command) to show “Co E” 2. correct item 24, (Decorations, Medals, etc.) to show BSM ___________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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he is authorized awards not listed on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 17 December 1970 by: a. Awarding him the Army Good Conduct Medal (1st Award) for the period 12 June 1969 to 17 December 1970. b. Deleting "VSM" from his DD Form 214 and adding: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. 3. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. Item 12 (Last duty assignment and major command) states for personnel reassignment on orders to a transfer activity or to a medical holding detachment prior to separation, enter the losing unit of assignment as shown in the standard name line and the title of the major command or agency having jurisdiction over the losing unit of assignment as shown in the lead line "Maj Comd/Agcy" of the orders reassignment the individual to the transfer activity or the medical holding detachment. 4. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The Soldier must have had all “excellent” conduct and efficiency ratings, and there must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.