IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160019442 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: AR20160019442 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: AR20160019442 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 award of the Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal, Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal. He further claims he was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 1 March 1973. 2. The applicant states, in effect, he served 1 year and 7 months in the Republic of Vietnam and the requested information is not listed on his DD Form 214. 3. The applicant provides: * DD Form 214 * 3 DA Forms 1379 (U.S. Army Reserve (USAR) Unit Record of Reserve Training) * DD Form Number 256A (Honorable Discharge) * General Orders Number 781 * General Orders Number 42 * a 2-page news clipping 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 15 November 1966. 3. The applicant served in the Republic of Vietnam for the period 26 January 1968 to 9 August 1969. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was promoted to the temporary rank/grade of specialist five (SP5)/E-5 on 10 October 1968, and this is the highest rank/grade he attained and held while on active duty. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to Company C, 69th Engineer Battalion (Construction). Item 41 (Awards and Decorations) does not show award of the Bronze Star Medal or Bronze Star Medal with "V" Device. 4. His Military Personnel Records Jacket does not contain evidence he was recommended for or awarded the Bronze Star Medal or Bronze Star Medal with "V" Device. 5. On 16 August 1969, he was honorably released from active duty. Item 5a (Grade, Rate or Rank) contains the entry, "SP5 (T)." Item 5b (Pay Grade) contains the entry, "E-5." Item 6 (Date of Rank) lists his date of rank as 10 October 1968. His DD Form 214 lists the following awards: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 6. Special Orders Number 10 issued by Headquarters, 321st Engineer Battalion (Combat) on 1 March 1973, promoted the applicant to the rank/grad of SSG/E-6 effective 1 March 1973. 7. On 10 November 2016, his DD Form 214 was corrected by DD Form 215 (Correction to DD Form 214) by awarding him the: * Army Commendation Medal * Army Good Conduct Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with 1 silver and 2 bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation 8. 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 any Bronze Star Medal or Bronze Star Medal with "V" Device orders for the applicant. 9. The applicant provides: a. 2-page news clipping from Vung Tau, Vietnam dated 10 February 1968, which notes the applicant was awarded the Bronze Star Medal with "V" Device at a ceremony presided by Brigadier General C______. It appears someone noted on the copy that the applicant's Bronze Star Medal with "V" Device was lost due to a rocket and mortar attack. b. DD Form Number 256A which shows he was honorably discharged from the USAR on 14 November 1972 in the rank/grade of SP5/E-5. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. 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 will decide cases on the evidence of record. It is not an investigative body. 3. Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge. The regulation states, in pertinent part, for items 5a and b, to enter the Soldier's grade and pay grade at time of separation. DISCUSSION: 1. The applicant's DD Form 214 was previously corrected by DD Form 215 on 10 November 2016 to show award of the: * Army Commendation Medal * Army Good Conduct Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with 1 silver and 2 bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation 2. It appears he may not have received this correction to his record of service; therefore, he should be provided a copy of his DD Form 215. 3. The available official evidence does not show the applicant was recommended for award of the Bronze Star Medal or Bronze Star Medal with "V" Device. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal and Bronze Star Medal with "V" Device) a formal recommendation, approval through the chain of command, and announcement in orders are required. 4. The DD Form 214 provides a brief, clear-cut record of active service at the time of release from active duty. The applicant was released from active duty on 16 August 1969 in the rank/grade of SP5/E-5. His record contains orders, which promoted him to the rank/grade of SSG/E-6 effective 1 March 1973. Therefore, this information would not be entered on his DD Form 214 for a period, which ended on 16 August 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019442 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019442 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2