IN THE CASE OF: BOARD DATE: 21 March 2023 DOCKET NUMBER: AR20220008672 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his already awarded Bronze Star Medal (BSM), and a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), 15 May 2022 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 was awarded the Bronze Star Medal (BSM). The award is missing from his DD Form 214. He received the award and his certificate after being discharged. He lost and misplaced his certificate. 3. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214. His DD Form 214 will be administratively corrected without Board action to show awards of the: * two bronze service stars to his previously issued Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 4. The Board will consider the applicants request for his BSM and as a separate and related item the Army Good Conduct Medal. 5. On 25 June 1969, the applicant was inducted into the Army of the United States. He held military occupational specialty (MOS) 12B (Combat Engineer). 6. General Orders 15237, issued by Headquarters, 101st Airborne Division (Airmobile), Vietnam on 30 December 1970, awarded him the Army Commendation Medal, for meritorious achievement from 1 July 1970 to 30 November 1970 in Vietnam. 7. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – service in the Vietnam, from 9 June 1970 to 1 May 1971; he was assigned to Company A, 326th Engineer Battalion, 101st Airborne Division (23 June 1970 to 2 April 1971). * item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings * item 41 (Awards, Decorations and Campaigns) – does not show the BSM 8. On 2 May 1971, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 10 months, and 8 days of active service. It also shows in: * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). * item 18 (Remarks) – service in Vietnam from 9 June 1970 to 1 May 1971. 9. The applicant’s record is void of a recommendation for award of the Bronze Star Medal or orders awarding him this award. 10. His records contain disciplinary actions but are void of commander's disqualification for award of the Army Good Conduct Medal for the period 25 June 1969 through 2 May 1971. 11. By regulation (AR 672-5-1), the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service, and for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. BOARD DISCUSSION: 1. The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. 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 applicant served in Vietnam from 9 June 1970 to 1 May 1971. There is no evidence in his records, and he does not provide any to show he was awarded the Bronze Star Medal. Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. In the absence of the general orders that confirm this award, the Board determined there is insufficient evidence to add it to his DD Form 214. b. The evidence shows the applicant served honorably on active duty from 25 June 1969 to 2 May 1970, completing 1 year, 10 months, and 8 days of net active service. The applicant's record shows he had all excellent conduct and efficiency ratings, and he received an honorable characterization of service. Additionally, his record does not contain evidence of convictions by a court-martial or a commander's statement of disqualification. Based on the evidence, the Board determined he should be awarded the Army Good Conduct Medal (1st Award). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected, in addition to the corrections addressed in Administrative Note(s) below, by: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 25 June 1969 through 2 May 1970 * adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Bronze Star Medal. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records show he was awarded or authorized the following awards not listed on his DD Form 214: * two bronze service stars to his previously issued Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The BSM 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. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 4. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. 5. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit (Company A, 326th Engineer Battalion, 101st Airborne Division (Ambl) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, 1 March to 9 October 1971, DA General Order Number (DAGO) 6, dated 1974. 6. Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-11, shows applicant’s do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008672 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1