ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 April 2020 DOCKET NUMBER: AR20190005526 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), dated 13 March 2019 * Bronze Star Medal Certificate, dated 1 December 1970 * U.S. Army Republic of Vietnam Form 157-R (Recommendation for Decoration for Valor or Merit), dated 21 November 1970 * 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. Sufficient evidence is contained in the applicant's record to administratively correct his DD Form 214 without Board action. His DD Form 214 will be administratively corrected to show award of the following: * three bronze service stars to his previously-awarded Vietnam Service Medal * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 3. The applicant states his award of the Bronze Star Medal is not listed on his DD Form 214. 4. The applicant enlisted in the Regular Army on 12 June 1969. 5. He served in Vietnam from 15 January 1970 to 13 January 1971. While in Vietnam, he participated in three campaigns and he was assigned to the following units: * 24th Evacuation Hospital from 18 January 1970 to 22 April 1970 * 95th Evacuation Hospital from 23 April 1970 to 13 January 1971 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 33 (Appointments and Reductions) – no reductions, b. item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings, c. item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars 7. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Bronze Star Medal pertaining to the applicant. 8. He provided copies of U.S. Army Vietnam Form 157-R, dated 21 November 1970, recommending and approving his award of the Bronze Star Medal and his Bronze Star Medal Certificate, dated 1 December 1970, for the period January 1970 to January 1971 for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam. The dates coincide with his service in the Republic of Vietnam. 9. On 14 January 1971, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 7 months, and 3 days of total active service and he had no lost time. He was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * two overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 10. His records are void of derogatory information or a commander's disqualification for award of the Army Good Conduct Medal (First Award) for the period 12 June 1969 to 14 January 1971. 11. Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: After review of the application and supporting documents, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board determined that the evidence presented is sufficient for award of the Army Good Conduct Medal and the Bronze Star Medal. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XXX :XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 14 January 1971 by awarding him the Army Good Conduct Medal and the Bronze Star Medal. 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): The applicant was awarded or authorized the following awards not listed on his DD Form 214 for the period ending 14 January 1971: * three bronze service stars to his previously-awarded Vietnam Service Medal * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation ? 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) 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. 3. Army Regulation 672-5-1 (Awards), in effect at the time, prescribed Army policy on military awards. 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. 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. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), in effect at the time, listed the awards received by units serving in Vietnam. This pamphlet shows: a. 24th Evacuation Hospital was awarded the: * Meritorious Unit Commendation Medal for the period 1 September 1969 to 31 December 1970 by Department of the Army General Orders(DAGO) Number 43, dated 1972 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 April 1969 to 30 November 1970 by DAGO Number 6, dated 1974 b. 95th Evacuation Hospital was awarded the Meritorious Unit Commendation for the period 1 May 1970 to 30 April 1971 by DAGO Number 43, dated 1972. 4. DAGO Number 8, dated 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190005526 4 1