IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160017001 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: 19 September 2018 DOCKET NUMBER: AR20160017001 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: 19 September 2018 DOCKET NUMBER: AR20160017001 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal. 2. He states that he served in the U.S. Army from June 1966 through June 1969 in the Republic of Vietnam (RVN) during the Tet Offensive in 1968 while assigned to Company C, 554th Engineer Battalion. His first sergeant and his company commander informed him that he would receive a medal. At the appropriate date and time he, and approximately 8 other Soldiers, reported to the Battalion Headquarters but the officer never showed up to present their medals. A week or so later they reported for the presentation again and the officer still did not come. 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 ABCMR reviews all applications that are properly brought before the Board to determine the existence of an error or injustice. As such, each applicant must make and individual application. The applicant cannot petition on behalf of others. His request to review unit information in order to verify receipt of the Bronze Star Medal as it relates to other Soldiers will not be further discussed in this Record of Proceedings. 3. The applicant enlisted in the Regular Army on 21 January 1966. 4. His record contains a DA Form 20 (Personnel Qualification Record) that shows in: a. item 31 (Foreign Service) he served in the Vietnam from 24 March 1967 to 10 April 1968; b. item 38 (Record of Assignment) he was assigned to Company C, 554th Engineer Battalion (Construction), during the period listed above; and c. item 41 (Awards and Decorations) * Overseas Bar (2) * Vietnam Service Medal with bronze service star * Republic of Vietnam (RVN) Campaign Medal with Device 1960 * Army Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rife Bar (M-14) 5. He was honorably released from active duty on 1 June 1969. He completed 2 years, 11 months, and 11 days. His DD Form 214 shows he was awarded or authorized the: * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device 1960 * Overseas Bar (2) * Expert Marksmanship Qualification Badge with Rife Bar (M-14) 6. His record is void of a recommendation for or official orders awarding him the Bronze Star Medal. 7. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 award of the BSM pertaining to the applicant. REFERENCES: Army Regulation (AR) 600-8-22 (Military Awards) 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. DISCUSSION: His record is void of orders awarding him a Bronze Star Medal. Further, there is no evidence of record that shows a higher authority recommended him for or awarded him a BSM. The governing Army regulation states for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required for award of the Bronze Star 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) AR20160017001 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017001 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2