ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 June 2019 DOCKET NUMBER: AR20170008079 APPLICANT REQUESTS: the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 1 March 1971. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Bronze Star Medal Certificate/Citation 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 the Bronze Star Medal does not appear on his DD Form 214. This medal should be part of his permanent record based on the certificate/citation he attached to his application. 3. The applicant enlisted in the Regular Army on 3 September 1968 and was discharged on 21 September 1969 to accept a warrant officer appointment. 4. On 22 September 1969, he was appointed as a Reserve warrant officer with a concurrent call to active duty. He served in Vietnam from 31 March 1970 to 27 February 1971. Review of his record shows he was assigned to duty in Vietnam with the 114th Aviation Company, a subordinate unit of the 1st Aviation Brigade. 5. His DA Form 66 (Officer Qualification Record) does not list the Bronze Star Medal in item 21 (Awards and Decorations). 6. On 1 March 1971, he was released from active duty. His DD Form 214 for the period ending 1 March 1971 does not show the Bronze Star Medal among his awards. 7. His official military records do not contain general orders awarding him the Bronze Star Medal. 8. He provided a certificate/citation dated 24 February 1971 that shows he was awarded the Bronze Star Medal for meritorious achievement in the Republic of Vietnam during the period April 1970 to March 1971. The certificate was signed by Brigadier General Jack W. Hemingway, who commanded the 1st Aviation Brigade at the time. 9. 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. BOARD DISCUSSION: After reviewing the application and all supporting evidence, in addition to the administrative notes, the Board found that full relief was warranted by awarding the applicant the Bronze Star Medal based upon the Bronze Star Medal Certificate and citation provided by the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 by awarding him the Bronze Star Medal. 8/27/2019 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 NOTES: The applicant was awarded the Air Medal (2nd Award) with "V" Device. The "V" Device is not shown on his DD Form 214. He is also authorized decorations that were not recorded on his DD Form 214. Amend the DD Form 214 by deleting "Vietnam Service Medal" and "Air Medal 1st OLC" and adding: * Air Medal (2nd Award) with "V" Device * 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. Army Regulation 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. //NOTHING FOLLOWS//