IN THE CASE OF: BOARD DATE: 3 August 2023 DOCKET NUMBER: AR20230000854 APPLICANT REQUESTS: correction of his DD form 214 (Armed Forces of the United States Report of Transfer and Discharge) to show: * Bronze Star Medal with first Oak Leaf Cluster * Air Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 3 October 2022 * Self-authored Statement, 5 November 2022 * ARBA letter, 1 November 2022 * Headquarters (HQ), 101st Airborne Division, General Orders Number 10538, 30 November 1968 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, in effect: a. He received an Air Medal on 30 November 1968 and a Bronze Star Medal on 15 March 1971. b. These two awards were sent to him by letter after his separation. 3. The applicant provided copies of: a. A DD Form 149 with self-authored statement, outlined above. b. General Orders Number 10538, issued by (HQ), 101st Airborne Division, 30 November 1968, showing he was awarded the Air Medal for meritorious achievement while participating in aerial flight during the month of December 1968. c. An Air Medal Citation, showing meritorious achievement on 5 August 1968. d. A letter issued to him from the Assistant Adjutant, HQ, Fort Holabird, 8 April 1969, presenting him the Air Medal. e. A letter issued to him from the Department of the Army, Office of the Adjutant General, U.S. Army Administration Center, 15 March 1971, showing he was awarded the Bronze Star Medal, and offering him a formal presentation. 4. The applicant's records contain sufficient evidence to support additional awards not shown on his DD Form 214 for the period ending on 12 December 1969 and will be listed in administrative notes. 5. A review of the applicant's service records shows: a. On 2 December 1966, he was inducted into the Army of the United States. b. Special Orders Number 73, issued by HQ, U.S. Army Training Center (USATC), Infantry, Fort Lewis, awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar. c. Special Orders Number 85, issued by HQ, USATC, Infantry, Fort Lewis, awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar. d. On 4 December 1967, he deployed to Vietnam with his unit, Company B, 1st Battalion (Airborne), 506th Infantry, Fort Campbell. He participated in five campaigns. e. General Orders Number 7977, issued by HQ, 101st Airborne Division, 22 October 1968, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period 1 January 1968 to 31 August 1968. e. His DA Form 20 (Enlisted Qualification Record) shows in: (1) Section 31 (Foreign Service) he served in Vietnam beginning on 1 December 1967. (2) Section 38 (Record of Assignments) he returned from Vietnam to the continental United States on 20 November 1968. (3) Section 41 (Awards and Decorations) he was awarded or authorized: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) (Special Order Number 32, 2 February 1967, HQ, 1st Brigade, Fort Jackson) * Parachutist Badge * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Bronze Star Medal (General Order Number 7977, HQ, 101st Airborne Division) f. On 24 November 1968, he was honorably released from Active Duty. His DD Form 214 shows in: (1) Item 22c (Foreign and Sea Service) 11 months and 20 days. (2) Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal * Bronze Star Medal * Combat Infantry g. A memorandum from the Office of the Adjutant General, U.S. Army Administration Center to the Commanding General, First U.S. Army shows authorization for the Bronze Star Medal was forwarded. No Oak Leaf Cluster was indicated on this memorandum. h. The applicant's records are void of orders showing award of the Bronze Star Medal with 1st Oak Leaf Cluster. i. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Bronze Star Medal with 1st Oak Leaf Cluster pertaining to the applicant. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board found insufficient evidence to confirm the applicant received a second award of the Bronze Star Medal. In the absence of additional documentation, such as orders announcing award of a second Bronze Star Medal, the Board determined the evidence does not support adding the Bronze Star Medal with 1st Oak Leaf Cluster to his DD Form 214 at this time. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :xx :xx :xx 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 by making the corrections described in Administrative Note(s) below. 2. The Board further determined 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 a second award of 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 shows his DD Form 214 should be corrected by: a. Deleting from block 24 "Combat Infantry." b. Adding to block 24: * Air Medal * Valorous Unit Award * Meritorious Unit Commendation * one silver service star with the Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Automatic Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Machine Gun Bar c. Adding to block 30 (Remarks) "Service in Vietnam: 1 December 1967 to 20 November 1968. 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. A bronze or silver twig of four oak leaves with three acorns on the stem, 13/32 inch long for the suspension ribbon, and 5/16 inch long for the service ribbon bar and the unit award emblem is issued to denote award of second and succeeding awards of decorations. c. When the Bronze Star Medal is awarded for heroism, a bronze "V" device (for valor) is worn on the suspension and service ribbon of that medal. d. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat or was under orders in the combat zone and served at a normal post of duty. One silver service star is used to denote service during five campaigns. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 February 1986)), in effect at the time, shows 1st Battalion, 506th Infantry Regiment, was awarded the: * Valorous Unit Award by Department of the Army General Orders (DAGO) Number 52, 1974, for the period 13 June 1968 to 23 September 1968 * Meritorious Unit Commendation by DAGO Number 5, 1977, for the period 14 March 1968 to 3 October 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 43, 1970, for the period 19 July 1968 to 14 May 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, 1971, for the period 3 October 1968 to 2 May 1970 5. DA PAM 672-3 (Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 February 1986)) shows the applicant completed service in Vietnam during the following campaigns: * Vietnam Counteroffensive, Phase III, 1 June 1967 29 January 1968 * Tet Counteroffensive, 30 January 1968 1 April 1968 * Vietnam Counteroffensive, Phase IV, 2 April 1968 30 June 1968 * Vietnam Counteroffensive, Phase V, 1 July 1968 1 November 1968 * Vietnam Counteroffensive, Phase VI, 2 November 1968 22 February 1969 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000854 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1