IN THE CASE OF:  

		BOARD DATE:  16 June 2020

		DOCKET NUMBER:  AR20190008348


APPLICANT REQUESTS:  award of the Bronze Star Medal.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record), dated 1 April 2019
*	Self-authored Statement, dated 30 August 2017

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States 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:

   a.  In May 1968, his platoon encountered hostile action and very heavy enemy fire.  
The command decision was to secure a hill.  He fired a rocket launcher and hit the 
enemy.  After securing the hill, the enemy attacked and he, along with three fellow 
service members, were wounded.  They were airlifted to the rear for medical treatment 
and he spent a month in a medical hold status before returning to his company.

   b.  Several of his fellow service members received the Bronze Star Medal and he 
was awarded the Purple Heart.  Although he is proud of his Purple Heart, he feels 
incomplete without being awarded the Bronze Star Medal.

   c.  He performed meritorious service to his country and platoon and he displayed 
bravery and courage to protect those around him.

4.  The applicant enlisted in the Regular Army on 25 July 1967.

5.  He served in Vietnam during the period of 10 March 1968 through 8 March 1969 and 
he participated in four campaigns.  While in Vietnam, he was assigned to:

*	198th Infantry Brigade for the period 10 March 1968 to 21 March 1968
*	Company D, 4th Battalion, 31st Infantry Regiment, 196th Infantry Brigade for the 
period 22 March 1968 to on or about 8 March 1969

6.  Records show the applicant was wounded on 24 May 1968 while in Vietnam and 
assigned to Company C, 4st Battalion, 31st Infantry Regiment, 196th Infantry Brigade.

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

	a.  Item 29 (Qualification in Arms) – 

*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

	b.  item 41 (Awards and Decorations) – no award of the Bronze Star Medal.

8.  On 24 July 1970, he was honorably released from active duty.  His DD Form 214 
(Armed Forces of the United States Report of Transfer or Discharge) for this period of 
service shows he was awarded or authorized the:

*	National Defense Service Medal
*	Vietnam Service Medal with four bronze service stars
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Combat Infantryman Badge
*	Army Commendation Medal

9.  On 6 August 1993, the U.S. Army Reserve Personnel Center issued him a 
DD Form 215 (Correction to DD Form 214) which added his award of the Purple Heart.

10.  His records are void of evidence showing he was recommended for or awarded the 
Bronze Star Medal.

11.  A review of the Awards and Decorations Computers-Assisted Retrieval System, 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 Resource 
Command, failed to reveal orders for award of the Bronze Star Medal pertaining to the 
applicant.
?
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
is not warranted.  There is no evidence his records or the Army’s awards records that 
he was recommended for the Bronze Star Medal nor has the applicant provided any 
evidence that he was recommended for the Bronze Star Medal.

  ?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 to show he was 
awarded the Bronze Star Medal.  

2.  The Board does recommend administratively correcting records of the individual 
concerned to show the awards noted in the administrative notes below.

		  
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:

*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
*	Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
?
REFERENCES:

1.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 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 3 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) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  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.  Title 10, 
U.S. Code, section 1133, limits award of the Bronze Star Medal to service members 
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, U.S. Code 310 or Title 37, U.S. Code, section 351(a) and (3) 
or special pay under any of the following circumstances:

   a.  While engaged in an action against an enemy of the United States.

   b.  While engaged in military operations involving conflict with an opposing foreign 
force.

   c.  While serving with friendly foreign forces engaged in an armed conflict against an 
opposing armed force in which the United States is not a belligerent party.

	d.  Awards may be made for acts of heroism, performed under circumstances 
described above, which are of lesser degree than required for the award of the Silver 
Star.

	e.  A formal recommendation, approval through the chain of command, and 
announcement in orders is required for all personal decorations.

	f.  Except for award recommendations submitted in accordance with the provisions 
of Section 1130, Title 10, United States Code, each recommendation for an award of a 
military decoration must be entered administratively into military channels within 2 years 
of the act, achievement, or service to be honored, with exception of the Medal of Honor, 
Distinguished Service Cross, and Distinguished Service Medal.  An award 
recommendation will be considered to have been submitted into military channels when 
it has been signed by the initiating officer and endorsed by a higher official in the chain 
of command.  However, pursuant to Title 10, United States Code, section 1130, a 
Member of Congress can request consideration of a proposal for the award or 
presentation of decoration (or the upgrading of a decoration), either for an individual or 
unit, that is not otherwise authorized to be presented or awarded due to limitations 
established by law or policy.  Based upon such review, the Secretary of the Army will 
make a determination as to the merit of approving the award or presentation of the 
decoration and other determinations necessary to comply with congressional reporting 
requirements under Title 10, United States Code, section 1130. 

	g.  Preparing an award recommendation years after an action has occurred can be a 
challenge.  However, the requestor is solely responsible for assembling a complete 
award recommendation package, which is submitted through a Member of Congress to 
the Commander, U.S. Army Human Resources Command.  It is incumbent upon the 
requestor to conduct any historic research necessary to ensure the award 
recommendation is complete prior to submission.  In the event an incomplete award 
recommendation is submitted, the U.S. Army Human Resources Command, Awards 
and Decorations Branch will contact the requesting Member of Congress and provide 
specific guidance regarding the additional information required in order for the case to 
be considered.

	h.  Recommendations for award of U.S. Army decorations will be forwarded through 
command channels to Commander, U.S. Army Human Resources Command (AHRC–
PDP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5408, for final action 
no less than 60 days before the desired presentation date.

3.  Department of the Army General Orders 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)	 AR20190008348


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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