ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 8 August 2019 DOCKET NUMBER: AR20170008242 APPLICANT REQUESTS: his Bronze Star Medal and his Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 (ABCMR) 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 would like to have his discharge updated to include his Bronze Star Medal (BSM) and his Army Commendation Medal (ACM) that were just left off the discharge. 3. The applicant provided his DD Form 214 that shows: * he was honorably discharged on 12 June 1972 for reason of hardship * authority for discharge was Army Regulation (AR) 635-200 * the words Bronze Star and Army Commendation Medal are hand written in block 24 (Decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized) 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 14 October 1970. b. His DA Form 20 (Enlisted Qualification Record) shows the following information: * block 31 (Foreign Service) – he served in Vietnam from 1 June 1971 to 19 March 1972 * block 39 (Campaigns) - he participated in Vietnam Counteroffensive Phase VII c. On 9 March 1972, General Orders Number 676, issued by Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), APO San Francisco, awarded the Bronze Star Medal to the applicant. d. On 17 May 1972, a DA Form 2476 (Application for Separation – Hardship or Dependency) shows he applied for a release from service to care for his younger brother and sister. The parents were deceased and the situation at home deteriorated to the point where the younger children may have been forced into foster care if the situation did not improve. e. On 22 May 1972, the applicant signed DA Form 2496 (Disposition Form) requesting a hardship separation. The request was recommended for approval by the applicant’s commander, and the adjutant officer 1st/504th Infantry. f. On 23 May 1972, the adjutant general approved the release, and directed the publishing of the separation orders citing chapter 6, Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) as the authority for the separation. g. His DD Form 214 shows he was discharged on 12 June 1972 with an honorable characterization of service under separation authority AR 635-200 for hardship. He had 9 months and 19 days of foreign service. He completed 1 year, 7 months, and 29 days of active service. Block 24 (Decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized) shows he was awarded or authorized the following: * National Defense Service Medal * Air Medal * Parachute Badge * Combat Infantryman’s Badge * Vietnam Service Medal * Vietnam Campaign Medal h. On 20 October 1972, a letter to the applicant, from the Office of the Adjutant General, U. S. Army Reserve Components Personnel and Administration Center, St. Louis, MO shows the commander of the applicant’s organization, in which he served his active duty, had awarded him the Bronze Star Medal. i. The applicant's service record is void of documentation awarding him the Army Commendation Medal. 5. By regulation, AR 635-200, chapter 6 sets forth the criteria and procedures, and provides the authority for the separation of enlisted personnel from active military service because of dependency or hardship. 6. By regulation, AR 600-8-22 (Military Awards), the Bronze Star Medal (BSM) is awarded to any person who, distinguishes himself by heroic or meritorious achievement or service after 6 December 1941, 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. 7. By regulation (AR 672-5-1), the Army Commendation Medal (ACM) is awarded to any member of the armed forces of the United States who, while serving in any capacity with the Army, has distinguished himself by heroism, meritorious achievement or meritorious service after 6 December 1941. It is particularly desirable that emphasis be placed on the award of this decoration to outstanding enlisted personnel whose achievements or service meets the prescribed standards. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the enclosed orders showing the applicant was previously awarded the Bronze Star and that award not currently reflected on the applicant’s DD Form 214, the Board recommended that change be completed to more accurately depict his military service. However, the Board found insufficient evidence to show that the applicant was previously awarded the Army Commendation Medal. Therefore, the Board recommended denying that portion of the applicant’s request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding the Bronze Star Medal. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding and adding the Army Commendation Medal. 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. 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 (AR) 672-5-1 (Awards), then in effect, states 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, shall have distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. a. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. During the Vietnam era, BSM approval authority was normally delegated to division commanders and commanders of separate brigades. b. A citation is a written, narrative statement of an act, deed, or meritorious performance of duty or service for which an award is made. 3. AR 672-5-1, provides that the Army Commendation Medal is awarded to any member of the armed forces of the United States who, while serving in any capacity with the Army, has distinguished himself by heroism, meritorious achievement or meritorious service after 6 December 1941. a. Awards may be made for acts of heroism performed under circumstances described above which are a lesser degree than required for award of the BSM. These acts may involve aerial flight. b. The required meritorious achievement or meritorious service while a lesser degree than that required for the award for the Legion of Merit, must nevertheless have been accomplished with distinction and must have been of the same degree as required for the award of the BSM or Air Medal. To qualify, the achievement of the individual should have been of such magnitude that it clearly places him above his peers. For example, clearly outstanding accomplishment of one or more special or difficult tasks would justify award of this decoration. c. Exceptional performance of duty is not in itself an adequate basis for an award. An award may be made when the operational requirements for the award of the BSM have not been fully met. An award may be made for acts of outstanding courage which do not meet the requirements for an award of the Soldier’s Medal. d. It is particularly desirable that emphasis be placed on the award of this decoration to outstanding enlisted personnel whose achievements or service meets the prescribed standards. e. If the ABCMR determines that an individual should have been issued the ACM in their Board proceedings, then permanent orders will need to be issued. ABCMR Record of Proceedings (cont) AR20170008242 4 1