ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 April 2019 DOCKET NUMBER: AR20170016058 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Bronze Star Medal 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 presented the Bronze Star Medal for his service in Vietnam. The award was sent to him and should have been added to his military records after he left Vietnam and the service. 3. On 13 May 1969, the applicant was inducted into the Army of the United States. After completing initial entry training he was assigned to duty in Vietnam from 14 January 1970 to 6 December 1970. 4. His DA Form 20 shows in: * Item 38 (Record of Assignments) – from 26 January 1970 to 2 December 1970 he was assigned to duty as a Powerman and Wheeled Vehicle Repairman with Headquarters and Headquarters Battery, 1st Battalion, 82nd Artillery, American (23rd Infantry) Division * Item 41 (Awards and Decorations) – no entry for the Bronze Star Medal 5. On 7 December 1970, he was honorably released from active duty in the rank/grade of specialist five/E-5. His DD Form 214 does not list the Bronze Star Medal among his awards. 1. 6. He provides a Bronze Star Medal Certificate, dated 28 December 1970, showing he was awarded the Bronze Star Medal for meritorious achievement in Vietnam during the period January to December 1970. The certificate is signed by Major X, who was the commander of the American Division at the time. 7. A review of the available records failed to reveal orders announcing award of the Bronze Star Medal to the applicant. 8. Army Regulation 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 U.S. 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: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the documentary evidence presented by the applicant and found within the service record, the Board concluded that adding the Bronze Star Medal to the applicant’s DD Form 214 was appropriate. 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 the Army records of the individual concerned be corrected by adding the Bronze Star to the applicant’s DD214. 4/29/2019 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 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 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 U.S. is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.