IN THE CASE OF: BOARD DATE: 20 August 2020 DOCKET NUMBER: AR20200000094 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending in 4 November 1970 to show: * Bronze Star Medal * Air Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * National Personnel Records Center (NPRC) letter FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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, in his application and self-authored letter, states: a. He would like to receive the Air Medal and Bronze Star Medal for his service in the Republic of Vietnam (RVN). His original medals were lost in a fire. He applied for replacements from NPRC and noticed those two medals were not in the awards listed. b. He previously mailed his appeal in August 2019; however he did not complete the DD Form 149 and he mailed it to the wrong address and never received a reply. He then discovered the proper form and address for his appeal. c. He received a letter from NPRC listing his medals. He wants to appeal the letter to receive the Air Medal and Bronze Star Medal. He served in the 173rd Airborne, an infantry unit in RVN. He was there from June 1968 to approximately January or February 1969 when he was sent to the base camp with asthma to serve the remaining time of his RVN tour. d. During the 7 or 8 months in the field, he made numerous air combat assaults with his infantry unit. Maybe the awards were mistakenly omitted because he served the remainder of his tour at the base camp. e. He would also like to appeal for the Bronze Star Medal. He researched the medal and it was awarded to any Soldier with a Combat Infantryman Badge serving as an infantryman who fought during the war. He served for 8 months as an infantryman. f. He requests his records be reviewed and that he be advised of the finding. He thanks the Board for their help with the appeal as it is important to him to receive the medals before he passes away. 3. The applicant's official records contain the following documents for the Board's consideration: a. A DD Form 4 (Enlistment Contract - Armed Forces of the United States), which shows the applicant was inducted into the Regular Army on 15 November 1967. b. A DA Form 20 (Enlisted Qualification Record), which shows: * In item 31 (Foreign Service) he was in the RVN from 1 July 1968 through 20 June 1969 * in item 40 (Awards) he received the National Defense Service Medal, Marksmanship Badge (M-16), Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, RVN Campaign Medal with Device (1960), and two Overseas Service Bars c. A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 4 November 1970, which shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he received the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Parachutist Badge, the Vietnam Service Medal, the Combat Infantry Badge, the Vietnam Campaign Medal with Device (1960), two overseas service bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. d. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders awarding the applicant the Bronze Star Medal or Air Medal for his period of service in Vietnam. e. The applicant's service records are void of documentation showing he was recommended for and awarded the Bronze Star Medal or the Air Medal, or documentation showing his flying status, hours flown, or missions flown. 5. The applicant provides a letter from NPRC, dated 13 August 2019, which states he was authorized the following awards: * the National Defense Service Medal * the Vietnam Service Medal with 4 Bronze Service Stars * the Combat Infantryman Badge * the Republic of Vietnam Campaign Ribbon with1960 Device * Sharpshooter Badge with Rifle Bar * Marksman Badge with Auto Rifle Bar * Parachutist Badge - Basic 6. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board found no evidence indicating the applicant was recommended for or awarded the Air Medal or Bronze Star Medal during his period of service in Vietnam. a. The Board noted that the regulatory provision authorizing award of the Bronze Star Medal based on award of the Combat Infantryman Badge is only applicable to Soldiers who served during World War II. At the time the applicant served, award of the Bronze Star Medal required a formal recommendation and approval through the chain of command. b. The Board found insufficient evidence of heroism and for meritorious achievement or service while participating in aerial flight that would support award of the Air Medal. Award of the Air Medal also required a formal recommendation and approval through the chain of command. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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. 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. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 November 1970 by: a. Deleting the Vietnam Service Medal b. Adding: * Vietnam Service Medal with four Bronze Service Stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * DD Form 214 * GO Number 51, 1971 * GO Number 5, 1973 3. Correct the applicant’s DD Form 214 to add the awards shown in paragraph 1 above. Provide the applicant with a copy of the corrections and the medals and citations, as applicable. Please record the corrections in the applicant’s official military personnel record. REFERENCES: 1. Title 10, USC, 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) states: 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. Soldiers who have been awarded the Combat Infantryman Badge for service during World War II are authorized award of the Bronze Star Medal. This provision of the regulation does not apply to Soldiers who were awarded the Combat Infantryman Badge during other eras. b. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Numerals, starting with 2, will be used to denote second and subsequent awards of the AM. 3. Title 10, U.S. Code, section 1130 (10 USC 1130) provides: a. The legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. b. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000094 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1