ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 October 2020 DOCKET NUMBER: AR20190011952 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to delete the Bronze Star Medal (BSM) and add the Meritorious Service Medal (MSM) (4th Award). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 30 January 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. 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. The applicant states his awards on his DD Form 214 are incorrect. He was never awarded the Bronze Star Medal (BSM). He believes the clerk may have used his Vietnam Service Medal (VSM) with three bronze service stars as an award for the BSM. In 1993, he received an MSM (4th Award) from the last unit he served with in 1991. 3. On 10 July 1969, the applicant enlisted in the Regular Army. He held military occupational specialty (MOS) 63C (Track Vehicle Mechanic). He served in Vietnam from 18 March 1970 to 22 February 1971 and 30 March 1971 to 11 February 1972. 4. On 14 February 1972, he was honorably released from active duty. His DD Form 214 for this period of service does not show the Bronze Star Medal. It shows: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Good Conduct Medal * 2 overseas service bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 5. On 3 July 1975, the applicant enlisted in the Regular Army. He served in Germany from September 1975 to July 1977. He left active duty on 26 July 1977. His DD Form 214 for this period of service shows: * Good Conduct Medal (2nd Award) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with Palm * 1 overseas service bar * Drivers Badge * Mechanics Badge 6. On 1 May 1979, the applicant enlisted in the Regular Army. His DA Form 2-1 (Personnel Qualification Record) shows in: a. item 5 (Overseas Service) – service in Vietnam from 30 March 1971 to 11 February 1972; b. item 9 (Awards, Decorations and Campaigns) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Overseas Bar * Bronze Star Medal * Army Good Conduct Medal (3rd Award) * Army Service Ribbon * Overseas Service Ribbon * Noncommissioned Officer Professional Development Ribbon (3rd Award) * Army Achievement Medal * Humanitarian Service Medal * Meritorious Service Medal * Driver and Mechanic Badge with Driver Bar 7. Permanent Orders (PO) Number, issued by Headquarters, U.S. Army Armor Center, on 30 June, awarded him the MSM for meritorious service during the period 28 June 1980 to 14 June 1983. 8. On 5 September 1983, he was honorably discharged, and ordered to active duty as a Warrant Officer. His DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period shows he was awarded or authorized: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Service Ribbon * Overseas Service Ribbon * Overseas service bar * Drivers Badge * Mechanic Badge * Good Conduct Medal (3rd Award) * National Defense Service Medal * Vietnam Service Medal with 3 bronze stars * Republic of Vietnam Campaign Medal * Vietnam Cross of Gallantry with Palm * Army Achievement Medal * NCO Professional Development Ribbon (Advanced Level) * Humanitarian Service Medal * Meritorious Service Medal 9. On 6 September 1983, the applicant was appointed in the Officer Reserve Corps, Army of the United States. 10. PO Number issued by Headquarters, 3rd Infantry Division, on 19 February 1987, awarded him the MSM for meritorious service during the period 22 October 1983 to 10 December 1986. 11. PO Number, issued by Headquarters, U.S. Army Air Defense Artillery Center and Fort Bliss, on 12 April 1990, awarded him the MSM (2nd Oak Leaf Cluster) for meritorious service during the period 4 June 1987 to 5 April 1990. 12. On 31 January 1992, he was honorably retired for length of sercvice from active duty. His DD Form 214 shows in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * Bronze Star Medal (2nd Oak Leaf Cluster (OLC)) * Meritorious Service Medal (2nd OLC) (or 3rd Award) * Army Commendation (1st OLC) * Arm Achievement Medal (1st OLC) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal (2nd Award) * Vietnam Service Medal with three bronze service stars * Humanitarian Service Medal * NCO Professional Development Ribbon with Numeral 3 * Army Service Ribbon * Overseas Service Ribbon with Numeral 3) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Driver and Mechanic Badge - Driver "W" Bar * 3 overseas service bars 13. The applicant's available records are void of any evidence of orders awarding him the BSM or a fourth award of the MSM. 14. By regulation (AR 600-8-22), award of the MSM and the BSM require a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: 1. The Board noted the applicant's statement regarding the Bronze Star Medal and agreed that the record confirms that the bronze service stars he was authorized for wear with his Vietnam Service Medal were mistaken for awards of the Bronze Star Medal. The Board determined the entry "Bronze Star Medal 2nd OLC" should be deleted from his DD Form 214. 2. The applicant did not provide and his Official Military Personnel File did not contain any documentation related to a fourth award of the MSM. In the absence of such documentation, the Board determined it would not be appropriate to add the MSM (4th Award) to his DD Form 214 at this time. 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 deleting the entry "Bronze Star Medal 2nd OLC) from item 13 of his DD Form 214 for the period ending 31 January 1992. 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 Meritorious Service Medal (4th Award). 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. 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit 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. The Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service. After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal, Meritorious Service Medal, Army Achievement Medal, and others. d. Once an award has been presented, it may be revoked by the awarding authority if facts subsequently determined would have prevented original approval of the award had they been known at the time of presentation. e. The decision to revoke an award may not be delegated by the awarding authority. In making the decision, the awarding authority may consider a statement of concurrence or nonconcurrence (with comments) from the individual concerned within 10 working days upon receipt of the notification of revocation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190011952 6 1