ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 April 2020 DOCKET NUMBER: AR20180012419 APPLICANT REQUESTS: in effect: * revocation of his awards of the Bronze Star Medal, Bronze Star Medal with 1st Oak Leaf Cluster, and Air Medal * removal of these awards from his Official Military Personnel File (OMPF) * deletion of these awards from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 February 1972 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Bronze Star Medal Citation for the period 7 October 1969 to 3 April 1970 * Bronze Star Medal Citation for the period 1 May 1970 to 31 August 1970 * General Orders Number 12140, Headquarters, Americal Division, dated 8 September 1970 * DD Form 214 for the period ending 14 February 1972 REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 672-5-1 (Awards) in effect at the time, stated the primary purpose of the awards program was to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement. a. Paragraph 18c (Determination of Eligibility) stated local commanders would determine eligibility of members of their command for awards from personnel records and other records available to them. When insufficient documentation existed concerning awards to an individual, the commander may request needed information from The Adjutant General. b. Appendix VII (Preparation of DA Form 638) stated all recommendations for decorations should be prepared on DA Form 638. This form was used to recommend decorations for heroism, meritorious service, or meritorious achievement. All recommendations for decorations were forwarded to Department of the Army for approval. 3. Army Regulation 600 8 22 (Military Awards), currently in effect, provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations. a. Paragraph 1-30 (Revocation of Personal Decorations and Suspension of Authority to Wear) states, once an award has been approved, the same command may revoke the award if facts subsequently determined would have prevented original approval of the award had they been known at the time of approval. The decision to revoke an award may not be delegated by the awarding authority. When the original awarding command is unable to act on the revocation, the revocation request will be referred to the Commander, U.S. Army Human Resources Command, for appropriate action. b. Paragraph 3-5 (Who May Recommend) states the Army does not allow self- recognition; therefore, a Soldier may not recommend himself or herself for award or decoration. c. Paragraph 3-16 (Bronze Star Medal) 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 United States is not a belligerent party. d. Paragraph 3-17 (Air Medal) states the Air Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, who has distinguished himself or herself by meritorious achievement while participating in aerial flight. Awards may be made to recognize single acts of valor, merit or heroism, or for meritorious service. e. Paragraph 3-21 (Rules for Processing DA Form 638) states a DA Form 638 will be used to initiate, process, and approve award recommendations of all U.S. Army individual decorations, to include valor and heroism decorations.? 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual who is separated from the Army and established standardized procedures for the preparation and distribution of these document. Local procedures were established to insure that entries on the forms are verified against source documents for completeness and accuracy. 5. Army Regulation 600-8-104 (Army Military Human Resource Records Management) prescribes policies governing the Army Military Human Resource Records Management Program. The Army Military Human Resource Record includes, but is not limited to, the OMPF, finance-related documents, and non-service related documents deemed necessary to store by the Army. Paragraph 3-6 provides that once a document is properly filed in the Army Military Human Resource Record, the document will not be removed from the record unless directed by the ABCMR or other authorized agency. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the ABCMR 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 the awards were inappropriately submitted in error. The recommendations were self-submitted, which was an egregious error on his part. 3. He enlisted in the Regular Army on 29 January 1968. He was honorably discharged on 14 February 1969 to accept a commission. 4. He was appointed as a Reserve commissioned officer on 15 February 1969 with concurrent orders to active duty. 5. A review of his records shows he served as a rifle platoon leader in Vietnam from 13 September 1969 through 8 September 1970 while assigned to the 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade. He participated in the following campaigns during this period: * Summer-Fall 1969 – 9 June 1969 to 31 October 1969 * Winter-Spring 1970 – 1 November 1969 to 30 April 1970 * Sanctuary Counter Offensive – 1 May 1970 to 30 June 1970 * Counteroffensive Phase VII – 1 July 1970 to 30 June 1971 6. Headquarters, Americal Division, General Orders Number 10354, dated 9 August 1970, awarded him the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force during the period 7 October 1969 through 3 April 1970. 7. Headquarters, Americal Division, General Orders Number 12140, dated 8 September 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight during the period 27 September 1969 through 5 July 1970. 8. Headquarters, Americal Division, General Orders Number 12342, dated 10 September 1970, awarded him the Bronze Star Medal with 1st Oak Leaf Cluster for meritorious achievement in connection with military operations against a hostile force during the period 1 May 1970 through 31 August 1970. 9. The U.S. Army Human Resources Command Unit Award and Campaign Register from 1962 through 1987 shows the 1st Battalion, 6th Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August 1969 through 31 December 1969 and 31 March 1970 through 30 June 1970 in Department of the Army General Orders Number 42, dated 1972. 10. He was relieved from active duty on 14 February 1972 by reason of expiration of active duty commitment – voluntarily serving on active duty. He completed 4 years and 16 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * Combat Infantryman Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal with One Oak Leaf Cluster * Air Medal 11. His OMPF does not contain DA Forms 638 for awards of the Bronze Star Medal, Bronze Star Medal with 1st Oak Leaf Cluster, or Air Medal. 12. On 26 September 2018, the Army Review Boards Agency Case Management Division contacted the applicant, requesting confirmation that he wanted the awards of the Bronze Star Medal, Bronze Star Medal with 1st Oak Leaf Cluster, and Air Medal removed. 13. On 27 September 2018 the applicant responded by stating, "I think the initial letter covers my request." ? BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted the facts presented above. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the applicant’s awards as shown on orders and on his DD Form 214. 2. After reviewing the application and all supporting documents, the Board found that relief is not warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XX 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180008293 6 1