IN THE CASE OF: BOARD DATE: 13 September 2021 DOCKET NUMBER: AR20210008111 APPLICANT REQUESTS: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 September 1968 to show the award of the Bronze Star Medal * expungement of any police reports from his service record APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 * Department of Veterans Affairs Form 9 (Appeal to Board of Veterans' Appeals), 4 February 2020 * Army Review Boards Agency Case Management Division Letter, 10 November 2020 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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. He was awarded the Bronze Star Medal by his commanding officer just before departing Vietnam, but he never received mention of it on his DD Form 214. b. He was told before he left the service that any police report would be expunged from his service record. He was told by his commanding officer that the incident would be removed after graduation from the Officer Candidate School and before he deployed. 3. On 18 November 1965, he was granted a waiver of his enlistment disqualification. 4. On 19 November 1965, he enlisted in the Regular Army for a period of 2 years to attend the Officer Candidate School. His DD Form 4 (Enlistment Record – Armed Forces of the United States), item 27 (Have you ever been arrested, charged, or held by Federal, State, or other law enforcement authorities for any violation of any Federal law, State law, county or municipal law, regulation or ordnance?), shows he was convicted of open intoxication on 9 July 1961 and was fined $55.00. Item 39 (Remarks) shows he was granted a waiver of moral disqualification. 5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 6. On 14 September 1966, he was honorably discharged from the Regular Army as an enlisted Soldier and ordered to active duty as a Reserve officer of the Army. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows he was awarded or authorized the: * Marksman Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Pistol Bar * National Defense Service Medal 7. On 15 September 1966, he was appointed as a Reserve commissioned officer with concurrent orders to active duty and executed his oath of office. 8. His service records are void of orders awarding him the Bronze Star Medal. 9. Item 21 (Awards and Decorations) of his DA Forms 66 (Officer Qualification Record) shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * one overseas service bar 10. On 6 September 1968, he was honorably released from active duty. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal 11. The Department of Veterans Affairs Form 9, 4 February 2020, shows he appealed to the Board of Veterans' Appeals for expungement of his criminal records from his service records. He stated he was told before he left the service that any police reports would be expunged from his records. BOARD DISCUSSION: After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief was not warranted. The Board carefully considered applicant’s contentions, military record and regulatory guidance. The Board considered the applicant’s statement, his record of service and documents provided. Documentation available for review is void evidence showing he was considered for or awarded the Bronze Star Medal and the applicant provided none on his own behalf for consideration by the Board. Upon further review, the Board found no evidence of any police reports or other derogatory information in consideration of the request. Based on the preponderance of evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 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. REFERENCES: 1. Title 10, U.S 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 601-201 (Qualifications and Procedures for Processing Applicants for enlistment and Reenlistment in the Regular Army), in effect at the time, prescribed the eligibility requirements and administrative procedures for the enlistment, reenlistment, and extension of enlistments of quality personnel in the Regular Army. a. The specific instructions for item 27 of the DD Form 4 for prior-service personnel stated to enter only those arrests since the last period of honorable service. The entry will be initialed by the enlistee. b. The specific instructions for item 39 of the DD Form 4 stated that upon enlistment or reenlistment, the waiver, report of investigation, and aforementioned evidence will be attached to the original enlistment record after the notation of a waiver has been entered in item 39 of all copies of the DD Form 4. c. Before an applicant signs the enlistment record, the oath of enlistment will be administered and the enlisting officer will explain the exact terms of training or initial assignment agreement, the period of service. The enlisting officer will carefully explain the individual's liability with regard to any false representations made in statements by the applicant. During the interview, it will be made clear to the applicant that the answers in items 27, 28, 29, and 38 of the DD Form 4 will include any conviction, regardless of the fact that conviction may have been expunged, pardoned, or otherwise "wiped out" by the civil court after a period of probation. The enlisting officer will insure that no promises have been made to applicants, either direct or implied, which cannot be substantiated by appropriate regulations. 3. Army Regulation 600-8-22 (Military Awards) prescribes Department of the 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. 4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. a. The general instructions stated all available records would be used as a basis for the preparation of DD Form 214, including the DA Form 20, DA Form 66, and orders. b. The specific instructions for item 24 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from item 21 of the DA Form 66 or section 9 of the DA Form 20, omitting authorities cited therein. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210008111 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1