IN THE CASE OF: BOARD DATE: 28 March 2023 DOCKET NUMBER: AR20220006859 APPLICANT REQUESTS: 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) * DD Form 214, ending on 3 March 1971 * Bronze Star Medal Citation FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 he has orders for a Bronze Star Medal, and it is not listed on his DD Form 214. He earned the award, and it should be reflected. 3. The applicant’s service record are not available for review. An exhaustive search was conducted to locate his records which are necessary for the adjudication of his case, but they could not be found. However, the applicant provides a DD Form 214 which is sufficient to conduct a fair and impartial review of his case. 4. The applicant’s DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 4 March 1969. He held military occupational specialty 11B, Light Weapons Infantryman. 5. He served in Vietnam from 4 August 1969 to 4 August 1970. His unit of assignment in Vietnam is unknown. 6. He was honorably released from active duty on 3 March 1971 after completing 2 years of active service. his DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * 2 overseas service bars * Good Conduct Medal (1st Award) * Air Medal * Army Commendation Medal * Combat Infantryman Badge * Sharpshooter Badge with Rifle Bar, M-14 * Marksman badge with Rifle Bar, M-16 * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal 7. The applicant provides a citation for award of the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 1 September 1969 to 30 June 1970. 8. The applicant does not provide, and his available records do not contain, evidence of the orders that awarded him the Bronze Stra Medal. 9. By regulation (AR 600-8-22), award of the Bronze Star Medal requires 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. The Board noted the applicant’s service in Vietnam and the citation he provides for award of the Bronze Star Medal. However, for personal decorations, which includes the Bronze Star Medal, a formal recommendation, approval through the chain of command and announcement in orders are required. If the applicant has the orders that awarded him this personal decoration, he may reapply to this Board for reconsideration. ? 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 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. REFERENCES: 1. Title 10, U.S. 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. 3. 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). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006859 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1