ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  7 June 2019

	DOCKET NUMBER:  AR20170013862


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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Bronze Star Medal Certificate, dated July 1968 to July 1969
* Bronze Star Citation, dated July 1968 to July 1969
* DD Form 214 (Armed Forces of the United States Transfer or Discharge) period ending 28 January 1970


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 his Bronze Star Medal was omitted from his DD Form 214.  The applicant provides a Bronze Star Certificate for meritorious achievement in ground operations against hostile forces during the period July 1968 to July 1969 in the Republic of Vietnam.  There is also a Citation dated for the same time period.  No orders accompanied this certificate or citation.

3.  The applicant’s service records shows:

	a.  He was inducted into the Army of the United States on 29 January 1968.

	b.  He served in Vietnam through two campaigns, from 8 July 1968 to 1 July 1969 with Company C, 2nd Battalion (Airmobile), 5th Cavalry and Headquarters, 1st Air Cavalry Division.

	c.  General Orders (GO) Number 13348, issued by Headquarters (HQ), 1st Cavalry Division, on 21 October 1968, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam.

	d.  Special Orders Number 12, issued by HQ, 1st Cavalry Division, on 12 January 1969, awarded him the Combat Infantryman Badge.

	e.  GO Number 6241, issued by HQ, 1st Cavalry Division, on 21 May 1969, awarded him the Army Commendation Medal with “V” Device for Heroism.

	f.  The applicant’s record is void of documentation awarding him the Bronze Star Medal.

	g.  A review 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 Military Awards Branch of the Human Resources Command failed to reveal any orders for the Bronze Star Medal.

	h.  He was honorably released from active duty on 28 January 1970.  His DD Form 214 shows he completed 2 years of active military service with 11 months and 23 days of foreign service.  It also shows he was awarded or authorized:

* Army Commendation Medal with “V” Device
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 60 device
* Air Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge (M-14)
* Sharpshooter Marksmanship Qualification Badge .45 Caliber Pistol
* Overseas service bars (2)

4.  By Army Regulation (AR) 600-8-22 (Military Awards):

	a.  The Bronze Star Medal is awarded to any person who distinguished himself or herself 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.  As with all personal decorations award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. 

b.  Only one decoration will be awarded to an individual or unit for the same act,
achievement, or period of meritorious service.
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon documentary evidence presented by the applicant, specifically the Bronze Star Certificate, the Board found there was sufficient evidence to grant the applicant’s request.

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:

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 the applicant’s DD Form 214 by awarding and adding 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.


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 Bronze Star Medal is awarded to any person who distinguished himself or herself 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.  As with all personal decorations award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders.  Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

ABCMR Record of Proceedings (cont)	 AR20170013862


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