IN THE CASE OF: BOARD DATE: 1 November 2022 DOCKET NUMBER: AR20210015244 APPLICANT REQUESTS: to be awarded the Bronze Star Medal for service in Vietnam from June 1971 to April 1972. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Reconstructed DA Form 638 (Recommendation for Award) * Proposed Narrative and Citation * List for former deceased former members of his chain of command * Returned without action letter from the U.S. Army Human Resources Command FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 his Vietnam unit of assignment, 73rd SAC (Surveillance Airplane Company) was being stood down as he was being rotated back to a stateside location (Fort Huachuca, AZ.) The decorations officer from the unit let him know that he was awarded the Bronze Star. The documentation never made it to the proper authorities so they could award the medal to him. He has tried to recover the proper documentation but has not been successful. This error in his record was caused by the loss or misplacement of many of the unit’s records as they stood down in Vietnam. He is requesting the Bronzed Star Medal by awarded now. He was last told by the Awards and Decorations Branch at the U.S. Army Human Resources Command that they could not facilitate his request at this time. They could not determine whether an award recommendation was adjudicated by his chain of command at the time of the incident. Therefore, he must first contact the National Archives in College Park, MD, to attempt to locate an original, fully executed award recommendation with finalized orders and other supporting documents pertaining to his service, at National Archives, College Park, MD. 3. The applicant provides: a. DA Gorm 638, signed by Mr. identified as the Awards and Decorations Officer, on 19 November 2018 recommending the applicant for award of the Bronze Star Medal. The back of the DA Form 638 lists names of Commanders of 73rd Surveillance Airplane Company and 1st Aviation Brigade, and the name of the Commanding General, Military Assistance Command – Vietnam. However, no one in the wartime chain of command signed the reconstructed form as the names listed as deceased. b. Proposed narrative and citation, that reads: distinguished himself by meritorious service in connection with military operations against a hostile force in Vietnam. During the period 17 June 1971 to 11 April 1972, he consistently demonstrated exemplary professionalism and initiative in obtaining outstanding results. His rapid assessment and solution to the problems inherent in a combat environment greatly enhanced the allied effectiveness against a determined enemy. Energetically applying his sound judgment and extensive knowledge, he has contributed materially to the successful accomplishment of the United States mission in the Republic of Vietnam. 3. Review of the applicant’s service records shows: a. Having had prior enlisted service as Microwave Radio Repairer, the applicant completed the 23-week Infantry Officer Candidate and 8-week Signal Basic Officer Course in 1969 and was appointed as a commissioned officer. b. He entered active service at Fort Benning, GA, on 25 September 1969. He completed the Officer Fixed Wing Aviator Course and the OV-1 Officer Qualification Course c. He served in Vietnam from 17 June 1971 to 11 April 1972. He was assigned to the 73rd SAC (Surveillance Airplane Company), 1st Aviation Brigade. d. After Vietnam, he was reassigned to Fort Huachuca, AZ. He was advanced to captain in October 1972. e. There is no evidence in the service record and the applicant did not provide any to show he was recommended for or awarded the Bronze Star Medal. f. He was honorably released from active duty on 8 February 1974. The Bronze Star Medal is not listed as an authorized award. He was awarded or authorized: * Army Good Conduct Medal * National Defense Service Medal * Parachutist Badge * Army Aviation Badge * Vietnam Service Medal with 3 bronze service stars * Air Medal * Vietnam Campaign Medal * 2 overseas service bars * Expert Marksmanship Badge with Rifle and Pistol Bars 4. Between September 2013 and December 2020, he submitted multiple applications to the U.S. Army Human Resources Command and/or the Army Board for Correction of Military Records requesting to be awarded the Bronze Star Medal. In each case, he failed to follow the guidance under Title 10, U.S. Code, section 1130. 5. On 14 March 2019, the Chief of the Awards and Decorations Branch, U.S. Army Human Resources Command, responded to the applicant’s Member of Congress inquiry of March 8, 2019, concerning the applicant’s desire to be awarded the Bronze Star Medal. The official stated: a. We (Awards and Decorations Branch) would like to render favorable action; however, we cannot facilitate your request at this time. Based on the provided information, we cannot determine whether an award recommendation was adjudicated by the applicant’s chain of command at the time of the incident. Therefore, his supporters must first contact the National Archives in College Park, MD, to attempt to locate an original, fully executed award recommendation with finalized orders and other supporting documents pertaining to his service. His advocates may write to their office at: National Archives, ATTN: Textual Reference Branch, 8601 Adelphi Road, College Park, MD 20740-6001, or via e-mail at: archives2reference@nara.gov. b. If an original recommendation cannot be located by the National Archives, we will be unable to forward this recommendation to the Army Decorations Board for consideration as submitted. Without both a living recommender and one living intermediate authority endorsement, the retroactive recommendation cannot be processed in accordance with Army Regulation 600-8-22 (Military Awards) and Section 1130, Title 10, United States Code (10 USC 1130). To be considered submitted into military channels requires signature by both an initiating official and endorsement by the first higher official in the chain of command. c. While this isn't a positive response, they are grateful for the applicant’s faithful and dedicated service to our Nation. We appreciate you supporting him in this matter, as well as our Veterans and the men and women serving in the Army today. 6. There is no evidence the applicant provided the Awards and Decorations Branch of an original recommendation. Likewise, there is no evidence the applicant provided the Awards and Decorations Branch a recommendation that contains both a living recommender and one living intermediate authority endorsement. 7. By regulation (AR 600-8-22), 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. Nevertheless, while the available evidence is insufficient for awarding the applicant a 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 DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board noted the applicant has served in Vietnam from 17 June 1971 to 11 April 1972. He was assigned to the 73rd SAC (Surveillance Airplane Company), 1st Aviation Brigade. None of his wartime members of his chain of command is still alive. He has attempted to utilize the 10 USC 1130 process with several roadblocks. Notwithstanding the HRC’s determination that “without both a living recommender and one living intermediate authority endorsement, the retroactive recommendation cannot be processed in accordance with Army Regulation 600-8-22 (Military Awards) and Section 1130, Title 10, United States Code (10 USC 1130),” the Board determined that given his service in Vietnam and scope of responsibilities, it is very likely he should or would have been recommended for a personal decoration such as the Bronze Star Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Bronze Star Medal for meritorious service in Vietnam from 17 June 1971 to 11 April 1972. 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, United States 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. Paragraph 1-14 of this regulation states, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored, with the exception of the Medal of Honor, Distinguished Service Cross, and Distinguished Service Medal. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130. a. 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, you must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed. b. The DA Form 638 should clearly identify your unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which you are requesting recognition must accompany the DA Form 638. In addition, your award request should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request. c. 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, you must submit your request through a Member of Congress who will send it to the United States Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015244 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1