IN THE CASE OF:  BOARD DATE: 25 April 2023 DOCKET NUMBER: AR20220005338 


APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal.   

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Personal Statement

•DD Form 214



FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b) (Correction of Military Records: Claims IncidentThereto). 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 justiceto excuse the applicant's failure to timely file.

2.The applicant states, in effect, his DD Form 214 does not include the requestedaward.

a.He is a Vietnam era Veteran, who served in the Army between the years1968 and 1970. He began his tour with the 1st Infantry Division (also known as the "Big Red One"); his primary military occupational specialty was 11B (Light Weapons Infantryman). After completing about 8 months with the "Big Red One," the Division ended its Vietnam mission and the entire unit returned to the continental United States. Those men who had not fulfilled their required time in-country were reassigned to other Army divisions still involved in combat operations. 

b.Prior to the 1st Infantry Division's withdrawal from Vietnam, the applicant'scompany commander verbally assured the applicant that he had been put in for the Bronze Star Medal. The applicant then left for an assignment with the 101st Airborne Division, at Camp Eagle; on his arrival, they put him in a non-combat duty position, but, due to his combat experience, he often volunteered for perimeter duty. The applicant now believes that the non-combat reassignment caused him to lose any chance of receiving the Bronze Star Medal, which otherwise seemed a certainty when he was still in the "Big Red One." He feels the "busy circumstances" surrounding the 1st Infantry Division's withdrawal took precedence over concerns for his award. Nonetheless, he is now making an appeal to correct this omission error.  

3.The applicant's record contains sufficient evidence to support additional awards notlisted on his DD Form 214. His DD Form 214 will be administratively corrected withoutBoard action to add the awards reflected under Administrative Notes. The Board willconsider the Bronze Star Medal, and as a related award, the Army Good ConductMedal.

4.A review of the applicant’s service records shows the following:

a.On 30 November 1968, the applicant enlisted into the Regular Army for 2 years.Upon completion of initial entry training and the award of MOS 11B, orders assigned him to Vietnam, and he arrived in country, on 30 June 1969; subsequent orders further assigned him to the 1st Battalion, 26th Infantry Regiment, 1st Infantry Division.  

b.Headquarters, 1st Infantry Division, Vietnam published General Orders (GO)awarding him the following: 

•GO Number 13956, dated 8 November 1969, Air Medal (1st Award), forachievement during the period 1 July 1969 to 15 September 1969

•GO Number 15993, dated 27 November 1969, Army Commendation Medal(1st Award), for achievement from 5 July to 25 October 1969

•GO Number 3238, 2 March 1970, Air Medal (2nd Award), for achievementwithin the period 26 September to 27 November 1969

•GO Number 3619, 8 March 1970, Army Commendation Medal (1st Oak LeafCluster (i.e., 2nd Award)), for achievement from 1 November 1969 to1 February 1970



c.On or about 10 April 1970, orders transferred the applicant to Headquarters andHeadquarters Company, 101st Airborne Division. On 4 July 1970, the applicant completed his tour in Vietnam, and orders reassigned him to Fort Lewis, WA, for separation processing. 

d.On 4 July 1970, orders honorably released the applicant from active duty, basedon an early release policy for overseas returnees; at his separation, he held the rank/grade of SP4/E-4. His DD Form 214 shows he completed 1 year, 7 months, and 5 days of 2-year enlistment contract. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following: 

•National Defense Service Medal

•Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)

•Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

•Vietnam Service Medal

•Combat Infantryman Badge

•Army Commendation Medal

•Air Medal

•Republic of Vietnam Campaign Medal with Device (1960)

•2 overseas service bars



e.A further review of the applicant's available service record reveals the following:

(1)The service record contains no orders for either the Bronze Star Medal or theArmy Good Conduct Medal (1st Award). 

(2)DA Form 20 (Enlisted Qualification Record):

•Item 38 (Record of Assignments – Conduct – Efficiency) indicates theapplicant received "Excellent" ratings throughout his term of active dutyservice

•Item 41 (Awards and Decorations) does not show the award of the BronzeStar Medal.



(3)The applicant's service record is void of any disciplinary action or courts-martial. 

5.During the applicant's era of service, the governing regulation for awards was ArmyRegulation (AR) 672-5-1 (Military Awards). It stated:

a.The Bronze Star Medal was awarded in time of war for heroism and formeritorious achievement or service 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. It was a personal decoration, and, as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders were required. 

b.The Army Good Conduct Medal was awarded for every 3-year period ofcontinuous enlisted active Federal military service, completed on or after 27 August 1940. For the first award only, commanders could confer the Army Good Conduct Medal, upon termination of the Soldier's service, on or after 27 June 1950, as long as he or she had served less than 3 years but more than 1 year. Additionally, the Soldier had to have had all “Excellent” conduct and efficiency ratings and no court-martial convictions. 
BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. 

a.The evidence of record shows the applicant served in Vietnam from 30 June1969 to 4 July 1970. He was assigned to 1st Battalion, 26th Infantry Regiment, 1st Infantry Division from 30 June 1969 to 10 April 1970. The service record contains no orders for the Bronze Star Medal and his DA Form 20 does not show the award of the Bronze Star Medal. In the absence of order awarding him the Bronze Star Medal, the Board determined there is insufficient evidence to add this award to his DD Form 214. 

b.As a related award, the Board determined he qualifies for award of the ArmyGood Conduct Medal: He served on active duty from 30 November 1968 to 4 July 1970; he completed 1 year, 7 months, and 5 days of 2-year enlistment contract; he received "Excellent" ratings throughout his term of active duty service; and there is no derogatory information in his file that would have disqualified him from receiving this award.  

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : GRANT FULL RELIEF 

XX XX: GRANT PARTIAL RELIEF 

: : GRANT FORMAL HEARING 

: XX: : : : : DENY APPLICATION 

BOARD DETERMINATION/RECOMMENDATION: 

1.The Board determined the evidence presented is sufficient to warrant arecommendation for partial relief.  As a result, the Board recommends that allDepartment of the Army records of the individual concerned be corrected, in addition tothe corrections addressed in Administrative Note(s) below, by:

•awarding him the Army Good Conduct Medal (1st Award) for service during theperiod 30 November 1968 through 4 July 1970,

•adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214


2.The Board further determined the evidence presented is insufficient to warrant aportion of the requested relief.  As a result, the Board recommends denial of so much ofthe application that pertains to the Bronze Star Medal.


Microsoft Office Signature Line...



ADMINISTRATIVE NOTE(S): 


1.AR 635-5 (Separation Documents), in effect at the time, stated the DD Form214 was to list all decorations, service medals, campaign credits, and badges awardedor authorized.

2.AR 600-8-22 (Military Awards), currently in effect, states the Vietnam Service Medalis awarded to all members of the Armed Forces of the United States based on theirqualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze servicestar is awarded for wear on the Vietnam Service Medal for the Soldier’s participation ineach recognized campaign. Authorized campaigns include:

•Summer-Fall 1969 (9 June 1969 to 31 October 1969)

•Winter-Spring 1970 (1 November 1969 t0 30 April 1970)

•Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)

•Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)



3.Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and CampaignParticipation Credit Register) lists unit awards conferred during the Vietnam War; itshows the following:

a.DAGO Number 53, dated 1970, awarded the Republic of Vietnam Civil ActionsHonor Medal, First Class to the 1st Battalion, 26th Infantry Regiment, for the period October 1965 to 7 April 1970. 

b.DAGO Number 8, dated 1974, awarded all units that served in Vietnam theRepublic of Vietnam Gallantry Cross with Palm Unit Citation. 
4.Based on the foregoing, amend the applicant's DD Form 214, ending 11 October1967, as follows:

•Delete: Vietnam Service Medal, Air Medal, Army Commendation Medal

•Add: Vietnam Service Medal with four bronze service stars; Air Medal (2ndAward); Army Commendation Medal (2nd Award); Republic of Vietnam CivilActions Honor Medal, First Class Unit Citation; and Republic of VietnamGallantry Cross with Palm Unit Citation




REFERENCES: 


1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.AR 672-5-1, in effect at the time, prescribed policies and procedures for individualand unit military awards.

a.The Bronze Star Medal was awarded in time of war for heroism and formeritorious achievement or service 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. It was a personal decoration, and, as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders were required. 

b.The Army Good Conduct Medal was awarded for each 3 years of continuousenlisted active Federal military service completed on or after 27 August 1940. For the first award only, commanders could award the Army Good Conduct Medal, upon termination of the Soldier's service on or after 27 June 1950, if he or she had served less than 3 years but more than 1 year. Additionally, the Soldier had to have had all “Excellent” conduct and efficiency ratings and no court-martial convictions. 

//NOTHING FOLLOWS//