IN THE CASE OF: BOARD DATE: 30 September 2022 DOCKET NUMBER: AR20220002343 APPLICANT REQUESTS: reconsideration of his previous request for: * retroactive publication of orders awarding him the Bronze Star Medal and Army Commendation for his service in Vietnam * correction to his 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Bronze Star Medal and Army Commendation Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Previous Record of Proceedings * Letters of Support (previously submitted and considered) * DD Form 215 (Correction to DD Form 214) * Orders for the Army Good Conduct Medal FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20200001051, on 12 November 2020. 2. The applicant states: a. He received the denial of his request to have his military records corrected to show that he did receive the Bronze Star and Army Commendation medals while serving in Vietnam in 1968-69. He disagrees with the Board’s decision. There is no doubt in his mind the Army made a clerical error and as a result he is being penalized and disrespected in the process. There is absolutely no doubt in his mind that he was physically presented with these awards while serving in Vietnam. As he mentioned in his previous correspondence, he was advised that the orders for the awards would be forthcoming as soon as the processing was complete. From his perspective at the time, it appeared that all the Soldiers in their company were presented with these awards and told orders would follow. One of his buddies, was presented with the medals and sometime later was issued the orders not once but twice. Please see letter of support statement from Mr. . The fact that he was issued the orders twice should demonstrate that the processing of orders in their company was very inefficient and left much to be desired. Unfortunately, in his case, the Bronze Star and Army Commendation medals were physically presented to him in Vietnam, but the promised orders were never issued and never became part of my record. He can only surmise that they were either lost in the chaos of the war or the company clerk neglected to follow up on the issuance of the orders. b. For years he has been trying to figure out what happened. One theory that he had not previously considered is that just prior to his departure from Vietnam, for reasons unknown to him, he was told that he would be able to process out of the country 5 days early. He remembers receiving orders at the very last minute to catch a plane from Phu Bai to Bien Hoa for early processing out of the country. As it turns out, he did make the flight, but once he got to Bien Hoa, he still had to wait 5 days sleeping on sandbags awaiting his flight back to the states. The point he is trying to make is that it is very possible that these last minute early departure orders might have somehow messed up the processing and issuance of his medal orders by their company clerk. Since all the other members of his company that he has been in contact with did in fact eventually receive the orders for the awards that they and he were promised, he feels further consideration from the Board is warranted. He is not trying to get something from the Army that he does not deserve. He was physically presented with these awards (he has them in his possession) and told orders would follow. It occurred to him that by the Board’s denial of his request to have the orders finally issued, the Board is in fact insinuating that he is not telling the truth. He will go to his grave knowing that he was presented with these medals in Vietnam but due to some clerical error or oversight he was denied the orders for the medals he earned. c. It should be noted that in the letter dated June 8, 2021, he received from Mr. Case Management Division, his record was in fact corrected to allow for the issuance of two additional awards, the Good Conduct Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The fact that the Army neglected to issue these awards in error earlier should demonstrate that it is very possible for the Army to have made a mistake or omission as it pertains to the orders for his medals. He does however appreciate the fact that the Army corrected their mistake and issued the above mentioned awards once they discovered their error. d. This matter is very important to him, and he would not pursue it aggressively if he was not absolutely certain of claims he is making. He feels he has been and continues to be treated very unfairly with little regard to his unblemished service record as a Vietnam veteran who served his country proudly. Because some clerk made an error or neglected to do his job properly, he has been cheated out of the orders for the awards he was presented with in Vietnam. In this regard, he would welcome an opportunity to answer any questions the Board might have and explain his position by phone, in person, or via video conference to the Board. e. When he was discharged from the Army in 1970, he felt the people of this country had disrespected him and his fellow veterans and he was very angry. He was equally irritated by the fact that the Army did not issue the promised orders for his awards but felt at the time there was nothing he could do about it. As he grew older, the awards he was presented with in Vietnam became more and more meaningful and important to him. When he spoke to several of his buddies, who in fact did eventually receive their orders for the awards they were presented with, they encouraged him to make another attempt to correct his records. They felt as though the way he was treated was very unfair and disrespectful. He is once again enclosing copies of their letters of support. f. He realizes it is his word against the Army's and as a low ranking former E-5, in the grand scheme of things, his concerns are probably viewed as rather insignificant and unimportant. He is however asking the Army Review Board to reconsider their decision and give him the benefit of the doubt and do the right thing. Correcting this error/omission would finally show him the respect he feels he has earned as a member of the 101st Airborne serving in Vietnam. Despite his disagreement with the Army, and the way he and his fellow Vietnam Veterans were treated by the people of this country upon their return from Vietnam, he would without hesitation once again put his life on the line for the country he loves. 3. Review of the applicant’s service: a. The applicant enlisted in the Regular Army a for a 3-year term on 16 July 1967 He completed training and was awarded military occupational specialty 93H, Air Traffic Controller and Tower Operator. b. He served in Vietnam from 2 September 1968 to 28 August 1969, through 4 campaigns, assigned to Headquarters and Headquarters Company, 160th Aviation Group. On 9 January 1969, he was temporarily appointed to specialist five/E-5. c. His DA Form 20 (Enlisted Qualification Record) shows lists the: * National Defense Service Medal * Vietnam Service Medal [with four bronze service stars] * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Citation. d. Following his return from Vietnam, he was assigned to 5th Supply and Transportation Battalion at Fort Carson, CO. e. He was honorably released from active duty on 16 April 1970. His DD Form 214 show she completed 2 years and 9 months of active service. He was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars, * Republic of Vietnam Gallantry Cross with palm unit citation. f. His military personnel record maintained by the National Personnel Records Center shows no orders were filed in it for the Bronze Star Medal or the Army Commendation Medal. 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 Decorations and Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Bronze Star Medal or the Army Commendation Medal pertaining to the applicant. h. On 12 November 2020, after reviewing the application and all supporting documents, the Board found relief is not warranted. The Board found insufficient evidence to confirm the applicant was formally recommended for award of the Bronze Star Medal and Army Commendation Medal and that those recommendations were approved by a proper authority. The Board noted that during the applicant’s period of service, orders announcing awards routinely listed the names of many Soldiers receiving the award. The Board encourages the applicant to ask fellow Soldiers from his unit in Vietnam to review their award orders to determine if his name appears on any of their orders. In the absence of additional evidence, such as orders, award certificates, or other official records confirming the proper approval of the Bronze Star Medal and Army Commendation Medal, the Board determined the applicant’s record should not be corrected by adding these medals at this time. i. The Board did determine he was eligible for additional awards not listed on his DD Form 214. As such, he was issued a DD Form 215 that added the Republic of Vietnam Civil Actions Honor Medal Unit and the Army Good Conduct Medal (1st Award). 4. By regulation (AR 600-8-22), personal decorations, which include the Bronze Star Medal and Army Commendation Medal require a formal recommendation, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. 1. As for al personal decorations, awards of the Bronze Star Medal and Army Commendation Medal require a formal recommendation, approval through the chain of command, and announcement in orders. The Board found insufficient evidence to confirm the applicant was formally recommended for award of the Bronze Star Medal and Army Commendation Medal and that those recommendations were approved by a proper authority. In the absence of additional evidence, such as orders, award certificates, or other official records confirming the proper approval of the Bronze Star Medal and Army Commendation Medal, the Board determined relief Is not warranted. 2. While the available evidence is insufficient for adding the Bronze Star Medal or the Army Commendation Medal to his records, this in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, Section 1130. 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 to amend the decision of the ABCMR set forth in Docket Number AR20200001051, on 12 November 2020. 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. Army Regulation 600-8-22 (Military Awards) prescribes policy, criteria, and administrative instructions concerning individual and unit military awards. Awards made by the President, the Secretary of Defense, and the Secretary of the Army are announced in Department of the Army general orders. Awards of decorations and the Army Good Conduct Medal will be announced in permanent orders by the appropriate awards approval authority. Service medals and ribbons are administratively awarded to individuals who meet the qualifying criteria a. 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. b. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Army Regulation 600-8-22 (Military Awards) states in paragraph 1-14, 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, the member must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed. b. The DA Form 638 should clearly identify the member’s unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638. In addition, the 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, the member must submit their 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) AR20220002343 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1