ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 May 2019 DOCKET NUMBER: AR20190000436 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Two Internet Excerpt of X on the Vietnam Veterans Memorial * Narrative Description by X * National Personnel Records Center (NPRC) Letter * U.S. Army Human Resources Command (HRC), Awards and Decorations Branch (ADB) Denial Letter * VA Form 2148 (Statement in Support of Claim) * Two Photographs of Medals 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 the Bronze Star Medal and it is not on his DD Form 214. He was in 3rd Platoon, C Company, 2nd Battalion, 327th Infantry, in Vietnam. His buddy, X, was shot when they went to pick up some rucksacks. He promised his buddy that he would be okay. A few days after, he was presented a Bronze Star Medal in formation. He does not have paperwork; they were in the field. 3. The applicant provides: a. An internet except which shows that X was killed on 11 November 1967 and appears on the Vietnam Veterans Memorial Wall. a. b. A undated narrative description by X (C Company commander) which states, in pertinent part, that they were getting heavy fire and were running low on ammunition and requested a resupply. They attempted to secure the landing zone for the resupply chopper, but even after losing one man killed, they were only able to secure a small area for the landing leaving the approach unsecured. The resupply chopper dropped ammunition which was vital to 3rd Platoon. Afterward, they were able to evacuate the wounded and dead by gunship and “had the gunships hose down” the area to the south in case there were any enemies remaining there. C Company headed back to pick up their rucksacks. c. A letter from NPRC, dated 17 January 2019, which they did not have the authority to make a determination concerning the entitlement or eligibility to the medal he was requesting. d. A letter from HRC, ADB, dated 12 March 2019, which states based upon review of the forwarded documentation and the limited historical resources available to their office, they were unable to verify his entitlement to the Bronze Star Medal with “V” Device. e. A VA Form 2148 from X, dated 21 March 2019, which states the applicant is a Vietnam veteran and a medic. His experience in Vietnam on 11 November 1967 was shared with her. She was not there, but when a grown man starts crying, she tends to believe them. In her opinion, the applicant accounts of being “pinned on” a Bronze Star Medal in the field is accurate. The applicant states he did receive the medal, but his DD Form 214 failed to list it. He was part of the detail to retrieve the rucksacks mentioned in the “The Situation” stated by his company commander. f. An internet excerpt which shows X birth date and death date and the details of his service. g. Two photographs of racks of medals, presumably the applicant’s. 4. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 5 July 1966. b. He served in Vietnam from 16 January 1967 to 14 January 1968. c. He was honorably released from active duty on 3 July 1969. His DD Form 214 shows he completed 2 years, 11 months, and 29 days of active service. 5. 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 United States Army Human Resources Command failed to reveal an award of the Bronze Star Medal for the 3. applicant. Additionally, his record is void of documentation recommending him for or approving him for the Bronze Star Medal. 6. By regulation, the Bronze Star Medal is awarded to any person who distinguishes himself or herself by heroic or meritorious achievement or service in connection with military operations against an armed enemy. Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board found insufficient evidence to show that the applicant was ever awarded the Bronze Star Medal. For that reason, the Board recommended denying the applicant’s request for relief. 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. 845 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 (AR) 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. Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders.