ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	I 

	BOARD DATE:  2 May 2019

	DOCKET NUMBER:  AR20170008656


APPLICANT REQUESTS: requests correction of his DD Form 214 (Armed Forces of 
the United States Report of Transfer or Discharge) to show the Bronze Star Medal 
(BSM).
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	BSM Certificate 

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 he was awarded the BSM on 12 September 1970; however, it is 
not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge).  When he separated from the Army, he was upset with the way they were 
treated and never gave much thought about having his DD Form 214 updated.

3.  The applicant served in the Republic of Vietnam from on or about 1 November 1969 
to on or about 21 October 1970.  During his service in Vietnam he was assigned to 86th 
Transportation Company beginning on 13 November 1969.  He received all "excellent" 
conduct and efficiency ratings throughout his service.  He was promoted to specialist 
(SP5)/E-5 on 5 December 1969.

4.  He was honorably released from active duty in the rank/grade of SP5/E-5 on           
22 October 1970.  His DD Form shows he completed 2 years, 7 months, and 4 days of 
total active service with no lost time.  It also shows he was awarded or authorized the: 
*	National Defense Service Medal (NDSM)
*	Vietnam Service Medal (VSM) 
*	Vietnam Campaign Medal 

5.  There are no general orders (GO) confirming award of the BSM in his service 
records and his DA Form 20 (Enlisted Qualification Record) does not list this award as 
an authorized award in item 41 (Awards and Decorations).
6.  His record is void of documentation showing he was the subject of any court-martial 
convictions during his active duty service.  There is also no evidence of a commander's 
disqualification that would have precluded him from being recommended for or awarded 
the first award of the Army Good Conduct Medal (AGCM).
7.  A review of the Awards and Decorations Computer Assisted Retrieval System 
maintained by the U.S. Army Human Resources Command, which is an index of 
general orders issued during the Vietnam era between 1965 and 1973, failed to reveal 
any orders for the Bronze Star Medal pertaining to him.
8.  The applicant provides a BSM Certificate, showing award of the BSM for meritorious 
achievement in ground operations against hostile forces in Vietnam from                
November 1970 to October 1970.  The name, rank, and period of service are consistent 
with his name, rank, and period of service in Vietnam.  This award is not listed on his 
DD Form 214.  
9.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of 
war for heroism and for meritorious achievement or service.  As with all personal 
decorations, formal recommendations, approval through the chain of command, and 
announcement in orders are required

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, in addition to the 
administrative notes, the Board found that full relief by awarding the applicant the 
Bronze Star Medal based upon the Bronze Star Medal Certificate provided by the 
applicant and him receiving excellent conduct and efficiency ratings on his DA Form 20.

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:

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.


	  
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):

1.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on 
the VSM for each credited campaign.  The Vietnam campaigns are listed in appendix B.  
The applicant’s service in Vietnam coincided with the following three campaigns:  

*	Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970)
*	DA Sanctuary Counteroffensive, Phase VII (1 May 1970 – 30 June 1970)
*	Vietnam Counteroffensive Phase VII (1 July 1970 – 30 November 1971)

2.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation 
Credit Register) lists the awards received by units serving in Vietnam.  It states, in 
pertinent part, not more than one Republic of Vietnam Gallantry Cross with Palm Unit 
Citation will be worn by any individual.  However, although wear of multiple awards of 
this unit citation is not authorized, official military personnel and historical records will 
indicate all awards received.  This pamphlet shows:

     a.  Headquarters, United States Army Vietnam and its subordinate units (including 
the applicant's unit) were cited for award of the RVN Gallantry Cross with Palm Unit 
Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army 
General Order (DAGO) Number 8, dated 1974.

     b.  86th Transportation Company was cited for award of the Meritorious Unit 
Commendation for the period 1 July 1969 to 31 May 1970, by DAGO 50, dated 1971.
?
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 BSM is awarded in time of 
war for heroism and for meritorious achievement or service.  As with all personal 
decorations, formal recommendations, approval through the chain of command, and 
announcement in orders are required.
3.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the 
AGCM was awarded to individuals who completed a qualified period of active duty 
enlisted service.  This period was 3 years except in those cases when the period for the 
first award ended with the termination of a period of Federal military service of at least 1 
year.  The enlisted person must have had all "excellent" conduct and efficiency ratings 
and no convictions by a court-martial.
4.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on 
the VSM for each credited campaign.  The Vietnam campaigns are listed in appendix B.  
His service in Vietnam coincided with the following three campaigns:  Vietnam Winter-
Spring 1970 (1 November 1969 – 30 April 1970), DA Sanctuary Counteroffensive, 
Phase VII (1 May 1970 – 30 June 1970) and the Vietnam Counteroffensive Phase VII (1 
July 1970 – 30 November 1971).
5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation 
Credit Register) lists the awards received by units serving in Vietnam.  It states, in 
pertinent part, not more than one Republic of Vietnam Gallantry Cross with Palm Unit 
Citation will be worn by any individual.  However, although wear of multiple awards of 
this unit citation is not authorized, official military personnel and historical records will 
indicate all awards received.  This pamphlet shows:

     a.  Headquarters, United States Army Vietnam and its subordinate units (including 
the applicant's unit) were cited for award of the RVN Gallantry Cross with Palm Unit 
Citation for the period 20 July 1965 to 28 March 1973, by Department of the Army 
General Order (DAGO) Number 8, dated 1974.

     b.  86th Transportation Company was cited for award of the Meritorious Unit 
Commendation for the period 1 July 1969 to 31 May 1970, by DAGO 50, dated 1971.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170008656
	
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