ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 June 2019 DOCKET NUMBER: AR20170008694 APPLICANT REQUESTS: award of the Bronze Star Medal for Valor. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement, dated 20 March 2017 * Witness Letter to the U.S. Congressional Representative for the state of Iowa, (Mr. X), dated 12 September 2016 * Letter of Response from the U.S. Congressional Representative for the state of Iowa, dated 6 March 2017 * Letter, Human Resources Command, Awards and Decorations Branch, dated 6 January 2017 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 recommended for the Bronze Star Medal with “V” Device while in enemy contact in Vietnam. In the confusion of battle, the recommendation was lost or never forwarded to headquarters. A unit member (M. C.W.) submitted correspondence to Iowa’s U.S. Congressional Representative for assistance. The Congressional Representative’s office initiated an inquiry with the National Personnel Records Center for assistance. 3. The applicant’s service records shows: a. He was inducted into the Army of the United States on 4 August 1966. b. Special Orders Number 48, dated 17 February 1967 awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). c. He served in Vietnam from 24 September 1967 to 25 July 1968 with Headquarters and Headquarters Troop and Charlie Troop, 3rd Squadron, 5th Cavalry. d. He received "excellent" conduct and efficiency ratings from date of induction until departure from service on 28 July 1968. e. On 28 July 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve to complete his statutory military service obligation. His DD Form 214 shows he completed 1 year, 11 months and 25 days of active service with 10 months and 2 days of foreign service. It also shows he was awarded or authorized: * Purple Heart * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with 60-device f. On 6 January 2017, a response from Awards and Decorations Branch, Human Resources Command (HRC), Fort Knox, to Iowa’s U.S. Congressional Representative’s request of December 19, 2016, concerning the applicant’s desire to be awarded the Bronze Star Medal with “V” Device. HRC stated that they were unable to verify the applicant’s entitlement to the Bronze Star with “V” Device. It was recommended the applicant contact the National Archives in College Park, Maryland to attempt to locate an original award recommendation with finalized orders and other supporting documents pertaining to his actions in Vietnam. They also stated that the applicant may be considered for the award under the provisions of Title 10, United States Code, Section 1130, which allows for referral of an award recommendation by a member of Congress. 4. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. 3. By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active service, and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings and there must be no convictions by a court-martial. He meets the criteria for this award in that: * he completed 1 year, 11 months and 25 days * he did not receive all excellent conduct and efficiency ratings throughout his military service * there is no record of a court-martial conviction BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentary evidence provided by the applicant and within the applicant’s military service record, the Board found insufficient evidence he was recommend for or awarded the BSM. In addition, he cannot recommend an award for himself. The Board did find that the applicant was eligible and recommended that the applicant receive the Army Good Conduct for service from 4 August 1966 to 28 July 1968. 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 awarding and adding the Army Good Conduct Medal for his military service from 4 August 1966 to 28 July 1968. 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 the Bronze Star Medal. 3. Prior to closing the case, the Board did note the administrative notes below from the analyst of record and recommended those additions also be completed to more accurately depict the military service of the applicant. 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): A review of the applicant’s records shows he is authorized awards and decorations not annotated on his DD Form 214. Award him the Army Good Conduct medal (1st Award). Amend his DD Form 214 as follows: * delete the Vietnam Service Medal * add the Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M14) 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) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. (1) Title 10, U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. (2) The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. 3. AR 672-5-1 states the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active service, and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings and there must be no convictions by a court-martial. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying ABCMR Record of Proceedings (cont) AR20170008694 4 1