IN THE CASE OF:    
BOARD DATE:  24 September 2021 
DOCKET NUMBER:  AR20210008809 


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 2 July 1971, to show the Bronze Star Medal with "V" Device and the Bronze Star Medal. A personal appearance before the Board. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Self-authored letter

•DD Form 214, ending on 2 July 1971

•DD Form 215 (Correction to DD Form 214, Certificate of Release or Dischargefrom Active Duty), dated 5 May 1998

•DD Form 215, dated 27 December 2019

•Daily Staff Journal or Duty Officer's Log

•Photographs

•Email correspondence

•General Orders (GO) Number 4562, dated 11 May 1970

•DD Form 214

•Bronze Star Medal Certificate, dated 15 June 1970

•Bronze Star Medal citation for the period 1 January – 30 April 1970

•GO Number 5199



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 states the Bronze Star Medal with "V" Device for action on 1 April 1970 and the Bronze Star Medal for meritorious achievement in Vietnam for the period 1 January – 30 April 1970 is missing from his record. He also would like the citation, certificate, and orders for the Bronze Star Medal with "V" Device, which should be the same as Mr. 's except for the name. He states the original orders for the Bronze









Star Medal with "V" Device had the incorrect name. He has photos of the award ceremony and corroborating witnesses who are also in the photos.  a. Additionally, in a self-authored letter he states in pertinent part, he was presented the Bronze Star Medal with "V" Device on Landing Zone Bayonet in Vietnam for his involvement with a reactionary force during a hostile attack which occurred on  1 April 1970. He was assigned to A Battery, 1st Battalion, 14th Field Artillery, Americal Division. During the early hours of 1 April 1970, Outpost 1 was attacked by hostile forces. He served on the reactionary force that assembled at the main headquarters bunker in the event of a hostile attack. They were to be available to fill in as needed to secure the perimeter and company area. Early that morning of 1 April 1970, Outpost 1 took a direct hit and was burning. Twelve men of that reactionary force of the 1st Battalion, 14th Field Artillery loaded onto a deuce and a half truck. They exited their perimeter, proceeded up the hill to the 1st Battalion, 14th Field Artillery gun battery-through their perimeter and exited out their perimeter, moving across the valley to Outpost 1. When they reached Outpost 1, they recovered the three injured men, loaded them into the deuce and a half and transported them back to the gun battery, where they were medically evacuated by chopper. b. He was awarded a Bronze Star with "V" Device for this action, by a General, in the field on 24 May 1970. When the award information came before the ceremony, the warrant officer (Chief Warrant Officer Two ) noticed that one of the names on the orders was wrong. There was another man in the unit (whose last name was the same as mine) who was mistakenly listed for this honor. On the day of the ceremony, the officials had him take his place in the ceremony, even though the paperwork was not officially corrected yet. They told him the paperwork would be corrected and sent to him. His tour was over shortly after that and he returned to the States on 28 June 1970. When he got back to Fort Carson, CO, the correction paperwork was lost somewhere along the way or was never completed, so he never received the citation paperwork for this medal. c. He was recently contacted by Mr. , who was one of the other men awarded the Bronze Star Medal with "V" Device for this same event. He received his award citation letter (Department of the Army, Headquarters, AmericaI Division, GO Number 4562, dated 11 May 1970) and this award is listed on his DD Form 214. He has written a letter stating that he was one of the men who was awarded this medal with him that day (24 May 1970) and verifying that he was one of the men who helped rescue the injured men from Outpost 1 on 1 April 1970. He also has photographs showing both himself and Mr.  receiving the medals at the award ceremony. d. After he returned to Fort Carson, he was also awarded a Bronze Star Medal for meritorious achievement in ground operations against hostile forces, for the time period 1 January 1970 – 30 April 1970. This medal was presented to him on 15 June 1970, at 
Fort Carson. He has the award citation (Department of the Army, Headquarters, AmericaI Division, GO Number 5199, dated 30 May 1970) and certificate for this award. Unfortunately, this award was also not listed on his DD Form 214. 

3.The applicant's official records are not available for review with this case. The recordof proceedings will be written using documents provided by the applicant.

4.The applicant provides a DD Form 215, dated 5 May 1998, correcting his DD Form214, ending on 2 July 1971, showing the Bronze Star Medal. The Bronze Star Medal willnot be discussed any further in the record of proceedings. The Board will address theapplicant's request for the Bronze Star Medal with "V" Device.

5.On 3 July 1968, the applicant enlisted in the Regular Army in military occupationalspecialty 63C (Track Vehicle Mechanic).

6.DD Form 214 shows the applicant served in Vietnam from 29 June 1969 –
26 June 1970.

7.On 2 July 1971, the applicant was honorably released from active duty. DD Form214, item 24 (Decorations, Medals, Badges, Commendations, Citations and CampaingRibbons Awarded or Authorized) shows:

•National Defense Service Medal

•Republic of Vietnam Campaign Medal with 1960 Device

•Vietnam Service Medal with 2 bronze service stars

•Army Commendation Medal



8.The applicant provides the following additional documents:

a.DD Form 215, dated 5 May 1998, showing the Vietnam Gallantry Cross with





Palm Unit Citation and Bronze Star Medal was added the applicant's DD Form 214 ending on 2 July 1971. b. DD Form 215, dated 27 December 2019, showing the Vietnam Service Medal with 2 bronze service stars was deleted, and the Army Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars was added to the applicant's DD Form 214 ending on 2 July 1971. c. Daily Staff Journal or Duty Officer's Log which provides a chronological accounting of the events that occurred on 1 April 1970. d. Photographs of the applicant in an awards ceremony being presented a medal along with other Soldiers, one of which was Mr. . 













e. Email correspondence wherein Mr.  states to a Mr. that he gave theapplicant a copy of his DD Form 214 and award letter he received for actions that occurred on 1 April 1970 in which he received a Bronze Star Medal with "V" Device. It was his understanding the applicant never received his Bronze Star Medal with "V" Device because of confusion with a Soldier who had the same last name. He could verify the applicant was one of the Soldiers that went on the operation on 1 April 1970. f. GO Number 4562 presented to Private First Class  (Now Mr. ) awarding him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 1 April 1970. g. DD Form 214 showing the Bronze Star Medal with "V" Device. The form does not bear a name. h. Bronze Star Medal Certificate and citation presented to the applicant formeritorious achievement in ground operations against a hostile force for the period 1 January – 30 April 1970. i. GO Number 5199, issued by Headquarters, Americal Division, awarded the applicant the Bronze Star Medal. 9. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by 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 any orders for the Bronze Star Medal with "V" Device pertaining to him. The review revealed GO Number 5199 which pertained to the applicant being awarded the Bronze Star Medal.BOARD DISCUSSION: 

1.The applicant's request for a personal appearance hearing was carefully considered.In this case, the evidence of record was sufficient to render a fair and equitabledecision.  As a result, a personal appearance hearing is not necessary to serve theinterest of equity and justice in this case.

2.The Board carefully considered the applicants request, supporting documents,evidence in the records, applicant's statement, and the applicant's record of service.The Board is aware that an award instrument is the order itself. The Board is also awarethat by law an award upgrade must be submitted within 2 years of the event or later viathe 10 USC section 1130 process. In the absence of general orders by a competentheadquarters, the proper procedure to request an award or an upgrade of an award, isto follow the statutory requirement in Title 10, U.S. Code, section 1130.

3.Furthermore, the Board is unclear of the applicant's existing BSM should be aseparate award from the BSM with V or whether this same BSM, should have been witha V Device. Despite the absence of any records, and despite the absence of anydocumentary evidence, the Board believed that the applicant's recollection of what hadoccurred, and the statements of support provided corroborate the applicant's contentionthat he was awarded the BSM with V Device.  However, the Board cannot provide acitation or orders because the Board does not have documentary evidence of theapplicant's actions or a recommendation, approval through the chain of command, orannouncement of such award in orders. The Board determined there is insufficientevidence to grant 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, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribesthe separation documents that will be furnished each individual who is separated fromthe Army. Source documents will consist of all available records to include DA Form 20(Enlisted Qualification Record) and orders. Item 24; enter from DA Form 20, section 9all decorations, service medals, campaign credits, and badges awarded or authorized.

3.AR 600-8-22 (Military Awards) the Bronze Star Medal is awarded in time of war forheroism and for meritorious achievement or service, not involving participation in aerialflight, in connection with military operations against an armed enemy, or while engagedin military operations involving conflict with an opposing armed force in which the UnitedStates is not a belligerent party. As with all personal decorations, formalrecommendations, approval through the chain of command, and announcement inorders are required. The bronze "V" device indicates acts of heroism involving conflictwith an armed enemy and authorizes the device in conjunction with awards of the ArmyCommendation Medal, the Air Medal, and the Bronze Star Medal. Although more thanone award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medalmay be made for heroism to the same person, only one "" device may be worn onawards of these medals.

4.AR 15-185 (ABCMR) states in paragraph 2-9, the ABCMR begins its consideration ofeach case with the presumption of administrative regularity. The applicant has theburden of proving an error or injustice by a preponderance of the evidence. Paragraph2-11 states applicant's do not have a right to a hearing before the ABCMR. The Directoror the ABCMR may grant a formal hearing whenever justice requires it.

//NOTHING FOLLOWS//