IN THE CASE OF: BOARD DATE: 8 June 2022 DOCKET NUMBER: AR20210014949 APPLICANT REQUESTS: * correction of his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), ending on 22 May 1970, to show he was awarded the Bronze Star Medal * personal appearance (via telephonically/video) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 1594 (Daily Staff Journal or Duty Officer's Log), dated 12 April 1967 * DD Form 214, dated 22 May 1970 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 in pertinent part that his DD Form 214 is incorrect because it does not contain all of his authorized awards. He further provides that he was wounded on 12 April 1967 and awarded the Purple Heart. While receiving treatment at the hospital, he was also advised that he would be awarded the Bronze Star Medal, but to date he has not received it. 3. A review of the applicant's available personnel records reflects the following: a. On 3 May 1966, the applicant was inducted into the Army of the U.S. to serve as an infantryman. b. On or about 24 October 1966, the applicant was deployed to the Republic of Vietnam. c. On 12 April 1967, the applicant sustained a fragmentation wound to his right thigh. d. On or about 23 October 1967, the applicant departed the Republic of Vietnam enroute to Fort Polk, LA e. On 22 May 1970, the applicant was released from active duty and transferred into the U.S. Army Reserve (USAR) Control Group (Reinforcement). DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) reflects the following: * Army Good Conduct Medal * Combat Infantryman Badge * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Vietnam Campaign Medal * 2 Overseas Service Bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) f. On 19 April 1972, the USAR Components Personnel and Administration Center issued Letter Orders Number 04-1131313 discharging the applicant from the USAR. 4. The applicant provides a DA Form 1594 reflective of a chronological account of events occurring in the Republic of Vietnam on 12 April 1967 as documented by Headquarters, 2nd Battalion, 27th Infantry Regiment. 5. 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, failed to reveal any orders for a Bronze Star Medal pertaining to the applicant. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined the record is absent sufficient evidence showing any recommendations or orders awarding the Bronze Star Medal (BSM). The Board concluded the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature with documentation to support the applicant’s request for the award. Based on this the Board determined relief was not warranted and denied relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 3. 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 equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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: 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): 1. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), for the period ending 22 May 1970 by: a. Deleting – * Vietnam Campaign Medal * Vietnam Service Medal b. Adding – * Vietnam Campaign Medal with 1960 Device * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * DA Form 20 (Enlisted Qualification Record) * Department of the Army General Orders Number 8, dated 1974 * Army Regulation 600-8-22 (Military Awards) 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. U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to Colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional). 3. Army Regulation (AR) 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. 4. AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it provides in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014949 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1