ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 






IN THE CASE OF:  BOARD DATE:  13 April 2020 DOCKET NUMBER:  AR20190006338 


APPLICANT REQUESTS:  reconsideration of his earlier request for 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 25 February2019

.Self-authored statement, undated

.Bronze Star Medal Certificate, dated 5 November 1968

.DD Form 214

.Army Board for Correction of Military Records (ABCMR) Record of Proceedings,AR20120018418, dated 30 April 2013



FACTS: 

1.Incorporated herein by reference are military records which were summarized inthe previous consideration of the applicant's case by the ABCMR) in Docket NumberAR20120018418 on 30 April 2013.

2.The applicant provides new arguments not previously considered by the Boardthat warrant consideration at this time.

3.The applicant states:

a.He received paperwork shortly after he returned home informing him to go tohis local Army Reserve post to receive the medal.  He chose to file the paperwork and continue on with his life.  His wife and daughters found the paperwork and encouraged him to pursue receipt of medal. 

b.He questions why is it so difficult to receive the award since it was a unitcitation and all of those who served in his unit received it.  In 1968, the 3rd Battalion, 187th Infantry Regiment, 101st Airborne Division, was the most decorated battalion that served 12 consecutive months in South Vietnam, with 131 of those he served 
with returned home in body bags.  Of the remaining, most were wounded and many more than once. 

c.His former company commander, who knows him well, has additionalinformation.  (The applicant did not provide this information). 

d.He has been interviewed on air with a Medal of Honor recipient and a keynotespeaker, along with another distinguished general officer, to 500 veterans and their families.  He contends unit records have to be somewhere and the paperwork he received was generated somewhere. 

e.He volunteers to appear before the Board to answer any questions.

4.The applicant was inducted into the Army of the United States on 8 November1966.

5.He served in Vietnam during the period 1 December 1967 to 23 October 1968and he participated in four campaigns.  While in Vietnam, he was assigned toHeadquarters and Headquarters Company, 3rd Battalion, 187th Infantry Regiment,101st Airborne Division.

6.His DA Form 20 (Enlisted Qualification Record) shows in:

a.block 29 (Qualification in Arms) –

.Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

.Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



b.block 41 (Awards and Decorations) – he was awarded or authorized the:

.Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

.Parachutist Badge

.Vietnam Service Medal

.Combat Medical Badge

.Republic of Vietnam Campaign Medal with Device (1960)



7.Headquarters, U.S. Army Training Center, Armor (2018), Special OrdersNumber 19, dated 19 January 1967, awarded him the Expert MarksmanshipQualification Badge with Rifle Bar (M-14).

8.Headquarters, 101st Airborne Division, Special Orders Number 65, dated5 March 1968, awarded him the Combat Medical Badge.



9.On 30 October 1968, he was released from active duty.  His DD Form 214 showshe was awarded or authorized the:

.National Defense Service Medal

.Vietnam Service Medal

.Army Commendation Medal

.Republic of Vietnam Campaign Medal with Device (1960)

.Purple Heart

.Army Good Conduct Medal



10.He provided a copy of his Bronze Star Medal Certificate which awarded him theBronze Star Medal for the period 1 January 1968 to 31 August 1968 for meritoriousachievement in ground operations against hostile forces in the Republic of Vietnam.These dates on this certificate coincide with the applicant's service in the Republic ofVietnam.

11.On 30 April 2013 and in ABCMR Docket Number AR20120018418, the ABCMRdenied the applicant's request for award of the Bronze Star Medal, citing an absenceof orders awarding him 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 1965and 1973 maintained by the Awards and Decorations Branch of the U.S. ArmyHuman Resources Command, failed to reveal any orders for award of theBronze Star Medal pertaining to the applicant.

13.His service records are void of orders authorizing him award of the Bronze StarMedal.

14.Army Regulation 15-185 (ABCMR) states an applicant is not entitled to ahearing before the ABCMR.  Hearings may be authorized by a panel of the ABCMRor by the Director of the ABCMR.

15.Army Regulation 600-8-22 (Military Awards) does not list the Bronze Star Medalas a unit award.  The Bronze Star Medal is an individual award.

BOARD DISCUSSION: 

 After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above, the Board found that relief is warranted.  The Board considered the applicant's statement, record of service to include service in Vietnam, award of the Purple Heart and Combat Medical Badge and the period of service noted on the BSM certificate.  The Board concurred with the corrections stated in the Administrative Note(s) below.  Based on a preponderance of evidence, the Board determined that corrections to the applicant's DD Form 214 as recommended in the Board Determination andRecommendation below were appropriate.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:XXX :XXX :XX GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

1.The evidence presented demonstrated the existence of a probable error orinjustice.  Therefore, the Board determined the overall merits of this case aresufficient as a basis to amend the decision of the ABCMR set forth in DocketNumber AR20120018418 on 30 April 2013 to show on his DD Form 214 that he wasawarded the Bronze Star Medal.



2.The further Board recommends that all Department of the Army records of theindividual concerned be corrected by executing the actions described inAdministrative Note(s) below.





X CHAIRPERSON

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): 

A review of the applicant's records shows he was awarded or authorized the following awards that should be listed on his DD Form 214: 

.four bronze service stars to his previously-issued Vietnam Service Medal

.Combat Medical Badge

.Parachutist Badge


.Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

.Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

.Presidential Unit Citation

.Valorous Unit Award

.Meritorious Unit Commendation

.Republic of Vietnam Gallantry Cross with Palm Unit Citation

.Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation





REFERENCES: 

1.Army Regulation 600-8-22 prescribes Army policy, criteria, and administrativeinstructions concerning individual and unit military awards.

a.The Bronze Star Medal is awarded to any person who, while serving in anycapacity 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.  

b.Title 10, USC, section 1133 limits award of the Bronze Star Medal to servicemembers receiving imminent danger pay, hostile fire pay or hazardous duty pay and members of a friendly military force who are serving in a geographic area in which special pay is authorized under Title 37, USC, section 310 or Title 37, USC, section 351(a) (1) and (3) or special pay under any of the following circumstances: 

(1)While engaged in an action against an enemy of the United States.

(2)While engaged in military operations involving conflict with an opposingforeign force. 

(3)While serving with friendly foreign forces engaged in an armed conflictagainst an opposing armed force in which the United States is not a belligerent party.  

b.As with all personal decorations, formal recommendations, approval throughthe chain of command, and announcement in orders are required. 

c.One bronze service star is authorized with the Vietnam Service Medal foreach 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. 

2.  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 the 3d Battalion, 187th Infantry regiment was awarded the following: 
 
 a.  Presidential Unit Citation by Department of the Army General Order (DAGO) Number 38, dated 1971, for the period 13 June to 23 September 1968, 
 
 b.  Valorous Unit Award by DAGO Number 22, dated 1976, for the period 16 to 22 March 1968,  
 
 c.  Meritorious Unit Commendation by DAGO Number 22, dated 1976, for the period 14 March to 3 October 1968,  
 
 d.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 43, dated 1970, for the period 19 July 1968 to 14 May 1969, and  
 
 e.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971, for the period 3 October 1968 to 2 May 1970.   
 
3.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions.  Additionally, t applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires. 
 
//NOTHING FOLLOWS//