IN THE CASE OF: BOARD DATE: 29 October 2020 DOCKET NUMBER: AR20190009064 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show award of the Bronze Star Medal (BSM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 10 June 2019 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 he was assigned to the 101st Airborne Division when he received the BSM on 14 October 1971, and the award should be added to his DD Form 214. He has the medal, certificate, and citation, so he assumed the award was listed on his DD Form 214. 3. The applicant’s service record shows: a. On 29 May 1969, he enlisted in the Regular Army. b. His DA Form 20 (Enlisted Qualification Record) shows: (1) He served in Vietnam during the period of 12 December 1970 to21 June 1972, and he participated in four campaigns while assigned to: * Headquarters, Company A, 801st Maintenance Battalion, 101st Airborne Division * Company B, 426th Supply and Service Battalion (Airmobile) * Headquarters and Headquarters company, 801st Maintenance Battalion, 101st Airborne Division (Airmobile) (2) item 31 (Foreign Service), he had service in – * Germany from 17 March 1970 through 18 May 1972 * Vietnam from 12 December 1970 to 21 June 1972 (3) item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings (4) item 41 (Awards and Decorations) – * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar c. On 22 December 1971, he was honorably released from active duty. His DD Form 214 shows in: * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) no entry for the BSM * item 30 (Remarks) – He served in Vietnam during the period 12 December 1970 to 21 December 1971 d. His available records are void of BSM orders. 4. 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. 5. The applicant states he provided a citation and certificate for the BSM, but it was not included with his application. 6. 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. It stated the Bronze Star Medal may have been 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. ? BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found partial relief is warranted. 2. The Board concurred with the corrections described in Administrative Note(s) below. 3. The Board found insufficient evidence to confirm the applicant's claim that he was awarded the BSM and determined the BSM should not be added to his DD Form 214 at this time. The Board noted that the applicant states he as a BSM Certificate and Citation. He is encouraged to submit a request for reconsideration and provide copies of the certificate and citation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the corrections described in Administrative Note(s) below. 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 so much of the application that pertains to 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): 1. Award the applicant the Army Good Conduct Medal (1st Award) for the period 29 May 1969 through 22 December 1971. 2. Correct the applicant's DD Form 214 for the period ending 22 December 1971 by adding the following: * Army Good Conduct Medal (1st Award) * four bronze service stars added to his previously-issued Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation ? 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 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. 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. It stated the Bronze Star Medal may have been 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, the records of the Awards Branch of the 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). 3. Army Regulation (AR) 600-45 (Decorations) paragraph 11 states The Bronze Star Medal for Vietnam Era 1 July 1958 to 28 March 1973 is awarded to any person who, while serving in any capacity in or with the Army of the United States on or after 7 December 1941, shall have 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. The following information/documentation is sufficient for issuance of the Bronze Star Medal and correction of separation document: a. Department of the Army Orders b. General Orders (Divisions were delegated the authority in 1966 to publish orders for the Bronze Star Medal; however, prior to that time Headquarters, US Army Vietnam & US Army Military Assistance Command Vietnam only had the authority). c. Letters Orders (Some commands issued Letters Orders instead of General Orders.) d. If the Army Board for Correction of Military Records determines that an individual should have been issued the Bronze Star Medal in their Board Proceedings, then permanent orders will need to be issued. 4. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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. 5. Army Regulation 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces Department of the Army General Orders (DAGO) Number 5, dated 5 February 1973, announced award of the Meritorious Unit Commendation to 801st Maintenance Battalion during the period 1 May 1971 to 10 December 1971. 6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) specifies that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received. In those instances, however, where a single unit received duplicate Republic of Vietnam Gallantry Cross with Palm Unit Citations during the same period, only one will be recorded in official military personnel and historical records. 7. DAGO Number 32, dated 24 September 1973, announced award of the Meritorious Unit Commendation to 801st Maintenance Battalion during the period 1 November 1970 to 30 April 1971. 8. DAGO Number 6, dated 25 February 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to: a. 426th Supply and Service Battalion during the period 1 March 1971 to 9 October 1971, 18 April 1971 to 31 August 1971, and 6 September 1971 to 19 September 1971. b. Headquarters and Headquarters Company, 101st Airborne Division and its subordinate units during the period 1 March 1971 to 9 October 1971, 18 April 1971 to 31 August 1971, and 6 September 1971 to 19 September 1971. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009064 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1