ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		

		BOARD DATE:  16 April 2019

		DOCKET NUMBER:  AR20170000236


APPLICANT REQUESTS:  reconsideration of his request for 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.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DA Form 20 (Enlisted Qualification Record), dated 16 April 1969
*	Bronze Star Medal Certificate, dated 14 November 1970
*	DD Form 214

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20080003859 on 29 May 2008.

2.  The applicant states he reviewed his DD Form 214 with a Veterans Service Officer 
and noticed award of the Bronze Star Medal is not shown.

3.  Item 38 (Record of Assignment) of his DA Form 20 shows he was assigned to 
Company A, 523d Signal Battalion, in Vietnam as a light wheel vehicle repairman from 
21 April 1969 through 9 November 1970.  He participated in five campaigns during this 
period.

4.  His records do not contain orders awarding him the Bronze Star Medal.

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the 
Bronze Star Medal.

6.  On 13 November 1970, he was honorably released from active duty and transferred 
to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 does not 
show award of the Bronze Star Medal.?
7.  He provided a Bronze Star Medal Certificate, dated 14 November 1970, showing he 
was awarded the Bronze Star Medal for meritorious achievement in ground operations 
against hostile forces in the Republic of Vietnam during the period December 1969 to 
November 1970.  The certificate is signed by Major General Albert E. Milloy, 
Commander of the 23d Infantry Division (also known as the Americal Division) from 
March 1970 through November 1970.

8.  On 29 May 2008, the ABCMR denied his request for correction of his DD Form 214 
to show award of the Bronze Star Medal.  The Board determined the certificate alone 
was insufficient evidence for amending his DD Form 214.

9.  A DD Form 215 (Correction to DD Form 214) was issued on 18 December 2008, 
adding award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(2nd Award) and the Vietnam Service Medal with one silver service star for participation 
in five campaigns.

BOARD DISCUSSION:

After review the application and all evidence, the Board determined relief is warranted.  
The applicant’s contentions were carefully considered.  He provided a BSM Certificate 
showing he was awarded the medal.  The previous Board denied his request to add the 
medal to his DD Form 214 due to the lack of permanent orders.  Based upon the 
preponderance of evidence, the Board agreed the certificate is sufficient evidence to 
grant relief.

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:

The Board determined the evidence presented is sufficient to warrant amendment of the 
ABCMR's decision in Docket Number AR20080003859 on 29 May 2008.  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 for the 
period ending 13 November 1970.
 
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):  not applicable.

REFERENCES:

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  The Bronze 
Star Medal is awarded to any person who, while serving in any capacity in or with the 
Army of the United States after 6 December 1941 distinguished himself or herself by 
heroic or 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.
//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	AR20170000236


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