ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 October 2020 DOCKET NUMBER: AR20190007498 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 21 May 2019 * Bronze Star Medal Certificate, dated * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Porter County Veterans Office letter, undated FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, US. Code, 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 his Bronze Star Medal is not listed on his DD Form 214. 3. Review of the applicant's service records shows: a. He was inducted into the Army of the United States on 19 January 1969. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). b. He served in Vietnam from during the period 25 June 1970 to 26 September 1970 and he participated in four campaigns. While in Vietnam, he was assigned to Company A, 1st Battalion, 20th Infantry, Americal Division. c. He provided a copy of his Bronze Star Medal Certificate, dated 12 October 1970, that shows award of the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period June 1970 to September 1970. No General Orders announcing this award are provided. d. His DA Form 20 (Enlisted Qualification Record) shows the following entries: (1) Item 38 (Record of Assignment) shows he received excellent conduct and efficiency ratings throughout his period of military service. (2) Item 41 (Awards and Decoration) shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Silver Star Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) e. On 20 January 1971, he was honorably released from active duty, in the rank/grade of sergeant/E-5. His DD Form 214 shows he completed 2 years and 2 days of active service with no lost time. It also shows he was awarded or authorized) – * National Defense Service Medal * Vietnam Service Medal * Silver Star Medal * Combat Infantryman Badge * Purple Heart (1st Oak Leaf Cluster) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-60) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) f. His available records do not contain General Orders awarding him the Bronze Star Medal. g. 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 the Bronze Star Medal for the applicant. h. His records contains no record of nonjudicial punishment or court martial. His records are also void of orders showing he was awarded the Army Good Conduct Medal (AGCM). 4. By regulation (AR 600-8-22), award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance and found that relief was warranted. 1. The Board found sufficient evidence to award the applicant the Bronze Star Medal. The applicant served honorably and was wounded in action in Vietnam. The applicant received a Silver Star medal for heroic actions on the date of 2 August 1970, but there is no other service award for his tour in Vietnam. The applicant provided the Bronze Star Certificate, which covers the period June 1970 to September 1970, which corresponds to his arrival in Vietnam (June 1970) to the date he was wounded and medevac’d to Japan (September 1970). Therefore, the Board granted relief. 2. The evidence of record confirms he served honorably during the period 19 January 1969 to 20 January 1971. His record does not contain any information that would have precluded him from being recommended for or awarded the AGCM (1st Award), and he was honorably released from active duty. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X 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 Army records of the individual concerned be corrected by amending his DD Form 214 by 1. adding the Bronze Star Medal, and 2. awarding and adding the AGCM (1st award) for the period 19 January 1969 to 20 January 1971. 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: * four bronze stars to his previously-issued Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) REFERENCES: 1. Title 10, U.S. Code, 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. Army Regulation 600-8-22 (Military Awards) 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. The award of all decorations, except for the Medal of Honor, will be announced in permanent orders by the appropriate awards approval authority. Additionally, awards made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Army General Orders. 2. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Army Good Conduct Medal is awarded to on a selective basis to Active Component and Active Guard Reserve enlisted Soldiers who distinguish themselves from among their fellow Soldiers by exemplary conduct, efficiency, and fidelity throughout a specified period of continuous enlisted active Federal military service. There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders. a. The periods of service of qualifying service are: (1) each 3 years completed on or after 27 August 1940; (2) for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; (3) 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; or (4) for the first award only, upon termination of service on or after 27 June 1950 of less than 1 year when final separation was by reason of physical disability incurred in line of duty. b. Throughout a qualifying period of service, the enlisted Soldier's character must have been above reproach and must meet all of the following criteria for award of the AGCM as indicated in the Soldier's record: (1) willingly complied with the demands of the military environment, (2) been loyal and obedient to his or her superiors, (3) faithfully supported the goals of his or her organization and the Army, and (4) conducted himself or herself in an exemplary manner as to distinguish him or her from fellow Soldiers. c. While any record of nonjudicial punishment could be in conflict with recognizing the Soldier's service as exemplary, such record should not be viewed as automatically disqualifying. The commander will analyze the record, giving consideration to the nature of the infraction, the circumstances under which it occurred and when. Conviction by court-martial terminates a period of qualifying service; a new period begins following the completion of sentence imposed by court-martial. d. In terms of job performance, the Soldier's efficiency must be evaluated and must meet all requirements and expectations for that Soldier's grade, military occupational specialty, and experience. e. Individuals whose retention is not warranted under standards prescribed in Army Regulation 380-67 (Personal Security Program), or for whom a bar to reenlistment has been approved under the provisions of Army Regulation 601-280 (Army Retention Program) are not eligible for award of the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190007498 5 1