ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for , AR20170019348 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 12 March 2019, in which the Board members unanimously recommended partial relief of the applicant’s request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant additional relief. Therefore, under the authority of Title 10, United States Code, section 1552, in addition to the relief granted by the Board, I direct that all Department of the Army Records of the individual concerned be corrected by awarding the Bronze Star Medal for service and reissuing the applicant a DD Form 214 showing award of the Bronze Star Medal for the period of service ending 7 June 1971. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 6 September 2019. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: BOARD DATE: 12 March 2019 DOCKET NUMBER: AR20170019348 APPLICANT REQUESTS: * Reconsideration of his earlier request for the Bronze Star Medal * Valorous Unit Award APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Two Self-Authored Statements * Letter to Applicant from Army Review Boards Agency (ARBA) * DA Form 638 (Recommendation for Award) * Letter from Major General (MG) S__ FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20160000174 on 11 May 2017. 2. The applicant’s record contains orders awarding his unit the Valorous Unit Award, which is not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). This item will be added to his DD Form 214 and does not require an action by the Board. The Board will consider the Bronze Star Medal. 3. The applicant states (in two letters to ARBA) he is sending a letter from MG S__ (Retired) which provides his support for awarding the applicant the Bronze Star Medal for meritorious service. MG S__ was the battalion S-3 and executive officer during the applicant’s Vietnam tour with the 31st Engineer Battalion (Combat). His supporting documentation was submitted to his Congressional Representative to be forwarded through his office as new supporting materials. He is requesting a review of the documents in support of his request for the award of the Bronze Star Medal for meritorious service as well as confirmation of the issuance of the Valorous Unit Award. 4. Having prior service in the U.S. Army Reserve, he was commissioned in the Regular Army on 4 September 1968. 5. He served in Vietnam 6 November 1969 to 13 October 1970. 6. He was honorably released from active duty on 7 June 1971. His DD Form 214, as amended by his DD Form 215 (Correction to DD Form 214), shows he completed 2 years, 9 months, and 4 days of active service. It also shows he was awarded or authorized: * Army Commendation with one oak leaf cluster * National Defense Service Medal * Vietnam Service Medal with four bronze service stars * Vietnamese Civil Action Medal First Class * Vietnam Campaign Medal with “1960” Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation 7. He provides: a. A letter from ARBA, dated 30 May 2017, which states they requested issuance of the Vietnam Service Medal and issued him an awards case number. b. A DA Form 638, for the period November 1968 to October 1970, signed by MG S__ for meritorious service while serving as a platoon leader and company commander for the 31st Engineer Battalion in Vietnam. c. Letter from MG S__, dated 31 August 2017, which states that he was contacted by the applicant who was seeking award of the Bronze Star Medal for service in the 31st Engineer Battalion in Vietnam. The applicant asserts that the previous commander withdrew his support for the applicant’s Bronze Star Medal for service due to the curtailment of the applicant’s tour with the battalion and his subsequent reassignment to Fort Belvoir. The previous commander believed that the applicant had requested an early return due to the illness of his father in law. The applicant asserts he did not request an early return and that the previous commander withdrew the recommendation out of spite. While he was not in the unit when this took place, from what he recalls from 47 years ago, the previous commander was perfectly capable of taking this type of unfair and detrimental action against one of his Soldiers. He strongly supports the award of the Bronze Star Medal for service. d. A letter from his Congressional Representative, dated 18 September 2017, which states that he placed the inquiry with the U.S. Army and would keep the applicant informed of any responses received. 8. 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 U.S. Army Human Resources Command, failed to reveal orders for the applicant pertaining to the Bronze Star Medal. 9. His record is void of orders awarding him the Bronze Star Medal. 10. By regulation, the Bronze Star Medal is awarded for heroic or 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 belligerent party. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions were carefully considered. The Board agreed there is evidence the applicant served in RVN; however, the BSM DA Form 638 for service should match his period of service in RVN, and include accomplishments distinguishing his actions and performance in RVN. In addition, the witness statement shows the author did not have first-hand knowledge of the applicant’s achievements. Based upon the preponderance of evidence, the Board agreed to recommend denial of the BSM. 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 to amend the decision of the ABCMR set forth in Docket Number AR20160000174 on 11 May 2017. 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 show he is authorized an additional award not listed on his DD Form 214. As a result, amend his DD Form 214 to add the Valorous Unit Award. REFERENCE: Army Regulation 600-8-22 (Military Awards) prescribes the Army policy, criteria, and administrative instructions concerning individual military decorations. It states the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, or a friendly foreign nation, after 6 December 1941, distinguished himself or herself by heroic or 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170019348 2 1