IN THE CASE OF: BOARD DATE: 8 June 2022 DOCKET NUMBER: AR20210015989 APPLICANT REQUESTS: to amend his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 September 1970 to show that he was awarded or authorized two Bronze Star Medals (BSM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Congress of the United States House of Representatives letter, 15 September 1969 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, in effect, he was awarded two BSMs for his tour of duty in the Republic of Vietnam; however, only one BSM is reflected on his DD Form 214. He enclosed a copy of the letter his then Congressman sent to his mother in recognition of the medals. If the Congressman knew of the medals, then there must be a copy somewhere. This correction to his record should be made for his kids. 3. The applicant’s record shows: a. He was inducted into the Army of the United States on 11 October 1966. He was released from active duty to accept a commission on 11 September 1967. b. The applicant was commission as a Field Artillery officer. c. The applicant served in the Republic of Vietnam from 6 September 1968 to 19 August 1969. d. His DA form 66 (Officer Qualification Record) shows he was awarded a BSM by way of General Orders (GO) Number 10074, issued by Headquarters, 9th Infantry Division on 12 July 1969. GO Number 10074 also shows that it was amending GO Number 7571, issued by the same headquarters to show instead of the applicant having two BSMs that he only had one: As reads – BSM (First Oak Leaf Cluster); changed to read BSM. e. The applicant was released from active duty and transferred to U.S. Army Reserve Control Group (Reinforcement) on 11 September 1970. His DD Form 214 shows he was awarded one BSM. f. The applicant was issued a DD Form 215 (Correction of DD Form 214) on 5 May 2005 that updated his awards and decorations. There was no change to the BSM. g. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the BSM (2nd Award) for the applicant. 4. The applicant provides a Congressional letter from his Representative during the period in which he served, dated 15 September 1969, which in pertinent part states: “It was with great deal of interest that I learned that your son [the applicant] has been awarded two BSMs and the Army Commendation Medal in Vietnam. Please extend to him my heartiest congratulations on this recognition of his outstanding service.” 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 applicant’s record is absent evidence showing any recommendation with a DA Form 638 through his chain of command to support the applicant’s claim for a second award of a Bronze Star Medal. 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. 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. ADMININSTRATIVE NOTES: A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 11 September 1970. As a result, amend his DD Form 214 by adding the National Defense Service Medal. 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) states the Bronze Star Medal is awarded in time of war for heroism and for 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015989 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1