ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:    27 March 2019

                   DOCKET NUMBER:  AR20170011751


APPLICANT REQUESTS:  Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* A letter from the National Personnel Records Center (NPRC), 6 August 2004

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.  His service record contains orders or evidence of orders awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14), Army Commendation Medal (1st oak leaf cluster), Army Commendation Medal with "V" Device, Army Good Conduct Medal (1st Award) and Combat Infantryman Badge.  These awards will be addressed in ADMINISTRATIVE NOTES.

3.  The applicant was inducted into the Army of the United States on 5 October 1965.

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was in the Republic of Vietnam from 24 April 1966 - 23 April 1967.  Item 38 (Record of Assignments) shows he was assigned to:

* Company A, 1st Battalion, 327th Infantry Regiment from 28 April to 27 June 1966
* Company A, 2nd Battalion, 327th Infantry Regiment from 28 June to 5 August 1966
* Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division from 6 August 1966 to 20 April 1967

5.  On 4 October 1967, the applicant was honorably released from active duty.  His    DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal 
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Army Commendation Medal

6.  There are no orders in the applicant's record awarding him the Bronze Star Medal.

7.  Review by HRC of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of HRC, failed to reveal any orders awarding the applicant the Bronze Star Medal.

8.  The applicant provide a letter from the NPRC dated 6 August 2004 in which they verified his entitlement to the Bronze Star (1st oak leaf cluster) and the Army Commendation Medal with "V" Device.

BOARD DISCUSSION:

After a review of the application and all supporting documentation, the Board determined that relief was not warranted.  Based upon the available evidence, the Board concluded the applicant did not present enough documentation which would corroborate his statements of awarding him the Bronze Star Medal.  The Board could not find any documentary evidence either presented by the applicant or within his service record that showed he was ever awarded the Bronze Star Medal.  

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.
However, prior to closing the case, the Board noted the administrative notes reflected below by the analyst of record and recommend those changes be added to his DD214 to more accurately depict the applicant’s military service.
SIGNATURE:
				 
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 additional awards not listed on his DD Form 214.  As a result, amend the DD Form 214 by adding the: 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) – HQs, U.S. Army Training Center, Fort Gordon, SO Number 250, undated
* Combat Infantryman Badge – HQs, 1st Brigade, 101st Airborne Division, SO Number 147, 27 May 1966
* Army Commendation Medal with V Device – HQs, 1st Brigade, 101st Airborne Division, GO Number 414, 15 August 1966
* Army Commendation Medal (1st oak leaf cluster) – HQs, 1st Brigade, 101st Airborne Division, GO Number 650, 19 April 1967
* Army Good Conduct Medal (1st Award) – HQs, 82nd Airborne Division, Fort Bragg, NC, GO Number 263, 3 October 1967
* Vietnam Service Medal with 2 bronze service stars
* Presidential Unit Citation – Company A, 1st Battalion, 327th Infantry Regiment, 2-20 June 1966, DAGO Number 59 (1968)
* Meritorious Unit Commendation – Company A, 1st Battalion, 327th Infantry Regiment, 29 July 1965 – 1 October 1966, DAGO Number 1 (1969), amended DAGO Number 17 (1968)  
* Republic of Vietnam Gallantry Cross with Palm Unit Citation – Company A, 2nd Battalion, 327th Infantry Regiment, 1-31 July 1966, DAGO Number 21 (1969)

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:

     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. 
     b.  The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Approved campaigns between 24 April 1966 to 23 April 1967 included: 

* Vietnam Counteroffensive, 25 December 1965-30 June 1966
* Vietnam Counteroffensive, Phase II, 1 July 1966-31 May 1967

3.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  The applicant was assigned to:

     a.  Company A, 1st Battalion, 327th Infantry Regiment, during a period for which the unit was awarded the:

* Presidential Unit Citation, 2-20 June 1966, Department of the Army General
Order (DAGO) Number 59, dated 1968

* Meritorious Unit Commendation, 29 July 1965 – 1 October 1966, DAGO
Number 1, dated 1969, amended by DAGO Number 17, dated 1968

     b.  Company A, 2nd Battalion, 327th Infantry Regiment, during a period for which the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

ABCMR Record of Proceedings (cont)	 AR20170011751


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