ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 October 2019 DOCKET NUMBER: AR20170010587 APPLICANT REQUESTS: award of the Bronze Star Medal (BSM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Record of Proceedings from Army Board for Correction of Military Records (ABCMR) of Docket Number AR20110010484 * Letter from the ABCMR dated 8 November 2011 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 his non-commissioned officer (NCO) told him he should be awarded for providing enemy troop information, but he never received the award after Vietnam. a. Upon arriving in Vietnam, it took him some time to locate his engineer group and it was a small group of only eight engineers. They were tasked with building ten large bunkers for the U.S. Special Forces Group and the Vietnamese Special Forces. The first year was challenging as they worked long days and sleep was hard to come by since they received mortar attacks nearly every night. b. The integrated special forces group was called MAC-V and they requested two volunteers to identify activity about a mile down the road near a small river. He and his battle buddy volunteered. Initially they did not see much and the battle buddy elected to get in the river to cool off when he heard a noise. He dropped down and noticed about 200 Viet Cong (VC) coming out of the jungle. c. After the VC returned to the jungle, the two Soldiers moved swiftly back to the MAC-V camp. They noticed blue and red wires going into the ground as they returned and immediately reported it to their leadership and were directed to share the information with the MAC-V. The first sergeant informed the applicant that he was going to put him in for a Bronze Star Medal. d. The following day the first sergeant got on a huey for R&R and never came back. New leadership was called in to prepare them for events that were about to take place, he was placed in charge of the engineers and they endured numerous attacks, and at one point he thought he had been blinded. He witnessed many Vietnamese get killed and was surprised he was still alive to talk about it, but no Soldiers were killed. Over 330 days on that camp without a hot meal. e. He was taken before a Colonel to discuss reenlistment and he shared with him that if he elected to stay in the Army, he would get him promoted to E-5 and get him a Bronze Star Medal. The applicant stated the award should not have been based on reenlistment. He is 68 years old and now believes he should have been given the Bronze Star Medal his first sergeant said he deserved. 3. The applicant provides: a. The record of proceedings for ABCMR Docket Number AR20110010484, dated 3 November 2011, showed the applicant requested award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). His request for the BSM was not part of his prior request. b. A letter from the ABCMR, dated 8 November 2011, which states the applicant was granted full relief for his request and action would be taken to correct his records. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 3 January 1968. b. His Enlisted Qualification Record indicated he served in Vietnam from 20 May 1968 to on or about 19 August 1970. c. Special Orders Number 230, dated 18 August 1970, ordered the applicant be relieved from active duty, not by reason of physical disability and that he be transferred to the United States Army Reserve. d. He was honorably released from active duty on 18 August 1970. His DD Form 214 indicated he completed 2 years, 7 months, and 16 days of active service with 2 years, 2 months, and 28 days for foreign service. It also shows he was awarded or authorized: * National Defense Service Medal * National Campaign Medal * Vietnam Service Medal e. His DD Form 215 (Correction to DD Form 214), dated 27 January 2012, corrected his awards and decorations as follows: * Delete National Campaign Medal * Delete Vietnam Service Medal Add the following awards: * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Campaign Medal with 60 Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with one silver and three bronze service stars 5. By regulation, 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. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. His record is absent any evidence that shows he was awarded the BSM. The Board agreed there is insufficient evidence to grant relief. 2. While the available evidence is insufficient for awarding the applicant a BSM, this in no way affects his right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of 10 USC 1130. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. X 5/15/2020 CHAIRPERSON Signed by 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 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) 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. 3. Title 10 of the 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. 4. 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, ATTN: 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. //NOTHING FOLLOWS//