ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 September 2019 DOCKET NUMBER: AR20180007976 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Force of the United States Report of Transfer or Discharge) with adding a Bronze Star Medal or a Silver Star. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Self-Authored Letter * Purple Heart Certificate * Letter to the applicants parents * Letter from X___ to applicant * Email from X___ to applicant * Newsletter, “Operation Sam Houston,” Part One * Company Commander Bio * Email from X___ to applicant 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 received only a Purple Heart. His commander, whom he tried to drag from enemy fire, received a Silver Star for his actions. 3. A review of his service records shows: a. He enlisted in the Regular Army on 28 June 1965. b. His DA Form 20 (Enlisted Qualification Record) shows the following: * Item 31 (Foreign Service), 21 July 1966 to 20 June 1967, USARPAC (U.S. Army Pacific), Vietnam. * Item 38 (Record of Assignment) shows the following units of assignment while in the Republic of Vietnam: Company C, 1st Battalion 22nd Infantry, 4th Infantry Division, 21 July 1966 to 1 March 1967 * Item 40 (Wounds) gunshot wound, right leg c. The applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Bronze Star Medal or the Silver Star. d. On 27 June 1968, he was honorably released from active duty. His DD Form 214 does not show he was awarded the Bronze Star Medal or the Silver Star. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Marksman Marksmanship Qualification Badge w/Rifle Bar * Sharpshooter Marksmanship Qualification Badge (Machine Gun) * Combat Infantryman Badge * Purple Heart e. DD Form 215 (Correction to DD Form 214), dated 18 August 2004, which corrected his DD Form 214 by adding the Army Commendation Medal. f. His official military records do not contain any general orders awarding him the Bronze Star Medal, Bronze Star Medal with "V" Device (1st oak leaf cluster) or the Silver Star. 4. The applicant provided: a. A copy of his DD Form 214 for period ending 27 June 1968. b. Purple Heart Certificate dated 16 February 1967. c. A narrative of the action that took place on 16 February 1967 from applicant: “We went about 50 yards when I saw two NVA (North Vietnamese Army) running to my left. Myself and SGT. A fired at them. We went about 10 more yards when bullets started firing all around us. I jumped behind a tree and bullets were hitting the bark from the tree. The lieutenant was about 4 feet to my left behind another tree. He started yelling for someone to get the captain (CPT). I looked out and saw CPT M., lying shot in the trail we been using. I threw off my pack and rifle and ran to the CPT and tried to pick him up. He was a big man and I could not lift him. I got down on my knees and put my arms around his body and lifted him and pulled him a couple of feet. He moaned when I did that so I knew he was alive. I put my arms around his body again and when I started to lift him I was looking to my left and saw the ground jumping and then the CPT’s back jumped and then my leg spun around as I was shot through the right calf. The CPT was killed”. d. A letter from the applicant to his parents, dated 28 February 1967, describing the details surrounding the attack in question. e. A letter from X___, (company executive officer) dated 8 March 1967 describing the details surrounding the attack in question. f. An eyewitness letter from X___, dated 30 August 2017, describing the details, of what he witness, surrounding the attack and heroic act in question. g. Excerpts from the original operational report filed on 3 May 1967 describing the details surrounding the attack in question. h. Bio on CPT X___, Charlie Company Commander, 1st Battalion, 22nd Infantry, who was killed in action during the attack in question. i. Email from X___ X___ describing the details surrounding the attack in question. 5. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any Bronze Star Medal or Silver Star orders for the applicant. 6. A letter from the Chief, Military Awards Branch, U.S. Army Human Resources Command who in 2004, responded to the applicant's request to Senator Mitch McConnell, United States Senator, concerning award of the Silver Star and/or the Bronze Star Medal. A review of the applicant's limited historical awards records failed to confirm his entitlement to the Silver Star or Bronze Star Medal. 7. 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 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. 8. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. However, the records of the U.S. Army Human Resources Command Awards Branch show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions and letters of support were carefully considered. Personnel may not recommend themselves for awards. Public law 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. 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. 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 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 (Military Awards) states: a. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals. b. The Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. 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//