IN THE CASE OF: BOARD DATE: 8 February 2022 DOCKET NUMBER: AR20210013261 APPLICANT REQUESTS: reinstatement of his award of the Bronze Star Medal. 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 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) 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 during his active duty service as stated on his DD Form 214. Without his knowledge or consent, the Bronze Star Medal was changed to a bronze service star on 17 May 2012. This action was taken in error. b. He was involved in numerous combat operations during his tour of duty in Vietnam. He was awarded the Bronze Star Medal as a result of those operations and this award is accurately documented on his DD Form 214. The DD Form 215 completed in 2012 changed his Bronze Star Medal to a bronze service star without informing him or allowing him to appeal the decision. He only discovered the change when he requested a copy of his DD Form 214 at a Department of Veterans Affairs Office in Texas. c. He is attempting to resolve this administrative error at the proper echelon of command. He trusts this can be resolved at this level and negate the requirement for a Congressional inquiry. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – he received overseas tour credit for service in U.S. Army Pacific-Vietnam from 16 March 1966 to 14 March 1967 (12 months) * item 38 (Record of Assignments) – assigned to the 534th Transportation Company (Medium Truck), U.S. Army Pacific-Vietnam, from 16 March 1966 through 12 March 1967 (11 months and 29 days) * item 41 (Awards and Decorations) – * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Service Star with Vietnam Service Medal 4. During his service in Vietnam from 16 March 1966 through 12 March 1967, he participated in the following campaigns: * Vietnam Counteroffensive – 25 December 1965 through 30 June 1966 * Vietnam Counteroffensive Phase II – 1 July 1966 through 31 May 1967 5. His military records are void of orders awarding him the Bronze Star Medal. 6. He was honorably released from active duty on 13 March 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * National Defense Service Medal * Bronze Star Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. Department of the Army General Orders Number 8, 19 March 1974, confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 8. His DD Form 215, 17 May 2012, shows deletion of the Bronze Star Medal and addition of a bronze service star. (Note: One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat.) 9. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Awards and Decorations Branch, failed to reveal orders awarding the applicant the Bronze Star Medal. 10. By regulation (AR 600-8-22): a. Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. b. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant’s contentions, his military records, and regulatory guidance were carefully considered. Board members noted the difference between a bronze service star and the Bronze Star Medal. He provides no justification for award of the Bronze Star Medal. Nevertheless, while the available evidence is insufficient to show he was awarded the Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XX: XX: XX: DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found 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): The applicant is authorized administrative correction of his DD Form 214 for the period ending 13 March 1967 to show the following awards without Board action: * two bronze service stars with his already-awarded Vietnam Service Medal in lieu of one bronze service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States in Vietnam and its contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. 3. 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. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214, including the DA Form 20 and orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013261 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1