ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 September 2020 DOCKET NUMBER: AR20190002310 APPLICANT REQUESTS: a. 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 and Army Commendation Medal, b. issuance of an official citation for the Bronze Star Medal, and c. replacement medals for his Purple Heart, Bronze Star Medal, and Army Commendation Medal. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 29 January 2019 * Self-Authored letter, undated * Purple Heart Certificate, dated 24 May 1969 * Letter, City of Rochester, dated 27 May 1969 * Headquarters, Americal Division, General Orders Number 11762, dated 14 November 1969 * DD Form 214 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 (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: a. He was wounded in action on 24 February 1969 in Tien Phuoc, South Vietnam. He received shrapnel in his right shoulder and middle back. While awaiting evacuation, he assisted other wounded Soldiers to the helicopter pad. This went on while the base was being hit with rockets and mortars. b. Sometime around 24 May 1969 when the Purple Heart Citation was written, an officer came to his unit in Vietnam and personally handed him the Purple Heart and Bronze Star Medals that he has to this day. He assumes the officer did this because he was recommended for both medals by his unit commander. He never knew there was an error until he was putting medals together for his son. c. He applied to the National Personnel Records Center and this agency was unable to find any evidence of his award of the Bronze Star Medal and he was directed to the ABCMR. d. All he has is his word and a letter, dated 27 May 1969, that his parents received from a councilman in Rochester, NY. The date of this letter is important because it is only 3 days from the date of his Purple Heart Certificate, which means that somehow the councilman got the information quickly and he then informed his parents. The councilman stated he saw the information in The Vicinity Post which was the local newspaper in Rochester, NY, at that time. He is uncertain how The Vicinity Post got the information. He is uncertain if his unit commander is still alive or how to contact him; the local councilman is deceased as well as his parents. The newspaper ceased publication 25 years ago. 3. Sufficient evidence is contained in the applicant's records for administrative correction of his DD Form 214 without Board action to show award of the Army Commendation Medal. His DD Form 214 will be administratively corrected to show this award. Replacement medals for his award of the Purple Heart and Army Commendation Medal will be sent to him. 4. The Board will consider the applicant's request for correction of his DD Form 214 to show award of the Bronze Star Medal and issuance of a Bronze Star Medal Certificate and replacement medal. The Board will also consider the applicant's qualification for award of the Army Good Conduct Medal (First Award) for the period 8 May 1968 to 10 December 1969. 5. The applicant was inducted into the Army of the United States on 8 May 1968. 6. He served in Vietnam during the period 4 October 1968 through 9 December 1969 and he participated in five campaigns. While in Vietnam, he was assigned to B Battery, 3rd Battalion, 16th Artillery Regiment. 7. He provided copies of: a. his Purple Heart Certificate, dated 24 May 1969, that shows he received the Purple Heart for wounds received in action on 24 February 1969 in the Republic of Vietnam and b. a Letter of Appreciation, dated 27 May 1969, from a Councilman at Large, City of Rochester, NY, to his parents. The Councilman indicated "he noticed in a recent copy of The Vicinity Post" that the applicant had "been awarded the Bronze Star Medal and Purple Heart for wounds received in Vietnam." 8. Headquarters, Americal Division, General Orders Number 11762, dated 14 November 1969, awarded him the Army Commendation Medal for the period December 1969 to December 1969 for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam. 9. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 41 (Awards and Decorations), he was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal * Purple Heart * two overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) b. item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings. 10. On 10 December 1969, he was honorably released from active duty. He completed 1 year, 7 months, and 3 days of net service and he had 1 year, 2 months, and 6 days of foreign and/or sea service. His DD Form 214 shows in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal * Purple Heart * two overseas service bars b. item 26a (Non-Pay Periods Time Lost) – "None." 11. His records are void of orders or a recommendation for award of the Bronze Star Medal. 12. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for award of the Bronze Star Medal pertaining to the applicant. 13. His available records are void of any derogatory information or a commander's disqualification for award of the Army Good Conduct Medal (AGCM) (First Award) for the period 8 May 1968 to 10 December 1969. BOARD DISCUSSION: 1. After review of the application and all supporting evidence, in consideration of the corrections noted in the Administrative Notes (below the signature block), the Board found that partial relief was warranted. 2. Per Administrative Notes, there is sufficient evidence to add the ARCOM and send medal sets for the ARCOM and Purple Heart. 3. Regarding the applicant’s request to add a BSM and issue an official citation for the Bronze Star Medal, the applicant’s records are void of and the applicant did not provide orders, an award narrative, an award certificate, and/or a properly completed and approved award application for the BSM. Therefore, the Board found insufficient evidence to support this portion of the applicant’s request. 4. Upon review of the records, the Board determined that the applicant met the requirements for award of the AGCM (First Award). ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In consideration of the Administrative Notes (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Awarding him the Army Good Conduct Medal for the period 8 May 196 to 10 December 1969, b. Amending his DD Form 214, dated 10 December 1969, by adding the Army Good Conduct Medal to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of the applicant’s request regarding the BSM. 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): 1. His DD Form 214 should be amended to show in: a. item 24 – * Army Commendation Medal * one silver service star to this previously-issued Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation b. item 30 (Remarks) – "SERVICE IN VIETNAM: 4 OCTOBER 1968 – 9 DECEMBER 1969." 2. Medal sets for the requested Purple Heart and Army Commendation Medal should be sent to him. 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 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. U. S. Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time, governed the military awards program in Vietnam during the Vietnam War. a. The Bronze Star Medal could be 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, records from the Awards Branch, U.S. Army Human Resources Command, 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). b. The Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. A silver service star is worn instead of five bronze service stars. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows 3rd Battalion, 18th Artillery Regiment was awarded the Republic of Vietnam Gallantry Cross for the period 24 August 1969 to 31 December 1969 by Department of the Army General Orders Number 42, dated 1972. 5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. Instructions stated for: a. item 24, to enter from the DA Form 20, all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein. b. item 30, to enter the inclusive dates of service in Vietnam during current period of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190002310 6 1