IN THE CASE OF: BOARD DATE: 22 November 2023 DOCKET NUMBER: AR20230004668 APPLICANT REQUESTS: * award of the Bronze Star Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 September 1970 to show this award * a personal appearance hearing before the Board via video or telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), 6 January 2023 * DD Form 214 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 told while departing Vietnam that he qualified for the Bronze Star Medal for a mission in which he participated. The Bronze Star Medal is not on shown his DD Form 214 because of an administrative error. His service was meritorious and commendable, and he should have received the award. 3. He enlisted in the Regular Army on 26 February 1968. 4. Headquarters, 101st Airborne Division, General Orders Number 1480, 11 February 1969, awarded him the Air Medal for the period 9 November 1968 to 30 December 1968. 5. Headquarters, 101st Airborne Division, General Orders Number 737, 1 February 1970, awarded him the Air Medal (7th through 12th Award) for the period 20 April 1969 to 3 September 1969. 6. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service) – overseas tour credit for service in Vietnam from 6 October 1968 through 29 September 1970 * item 38 (Record of Assignments) – * Headquarters and Headquarters Battery, 101st Airborne Division Artillery, from 23 October 1968 through 19 December 1968 * Battery A (Aviation), 377th Artillery Regiment, from 20 December 1968 through 25 September 1970 * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Air Medal * Army Commendation Medal * Air Medal (7th through 12th Award) * four overseas service bars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. He was honorably released from active duty on 29 September 1970 by reason of overseas returnee and transferred to the U.S. Army Reserve Control Group (Reinforcement). He completed 2 years, 7 months, and 4 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal (erroneously shown as "AR" instead of "AM") * Army Commendation Medal * four overseas service bars? 8. His military records do not contain a DA Form 638 (Recommendation for Award) or orders awarding him the Bronze Star Medal. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined based on regulatory guidance the applicant’s record is absent any evidence to indicate that his chain of command approved or that the applicant was ever awarded the requested Bronze Star Medal. The Board noted, the regulation stipulates that approval through the chain of command, and announcement in orders are required for award of all personal decorations and formal recommendations. Based on the record being void of any supporting documentation to support the applicant’s contentions, the Board denied relief. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, 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. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): The applicant is authorized administrative correction of his DD Form 214 for the period ending 29 September 1970 to show the following awards without Board action: * Air Medal with Numeral 12 * one silver service star and two bronze service stars with his Vietnam Service Medal * Vietnam Counteroffensive Phase VI * Vietnam Counteroffensive Phase VII * TET 69 Counteroffensive 1969 * Vietnam Summer-Fall 1969 * Vietnam Winter-Spring 1970 * Sanctuary Counteroffensive * Consolidation I * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) ? 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 will decide cases on the evidence of record; it is not an investigative body. 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 evidence. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or 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. Title 10, U.S. Code, section 1133, limits award of the Bronze Star Medal to service members receiving imminent danger pay. (1) Awards may be made for acts of heroism, performed under circumstances described above, which are of lesser degree than required for the award of the Silver Star. (2) The Bronze Star Medal may be awarded for meritorious achievement or meritorious service may be made to recognize single acts of merit or meritorious service. The lesser degree than that required for the award of the Legion of Merit must nevertheless have been meritorious and accomplished with distinction. b. 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. A silver service star is worn in lieu of five bronze service stars. Campaign participation credit was awarded for the following relevant campaigns: * Vietnam Counteroffensive Phase V – 1 July 1968-1 November 1968 * Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969 * Tet 69 Counteroffensive 1969 – 23 February 1969-8 June 1969 * Vietnam Summer-Fall 1969 – 9 June 1969-31 October 1969 * Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970 * Sanctuary Counteroffensive – 1 May 1970-30 June 1970 * Vietnam Counteroffensive Phase VIII – 1 July 1970-30 June 1971 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows Battery A, 377th Artillery Regiment, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 December 1968 through 14 May 1969 in Department of the Army General Orders Number 48, 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 December 1968 through 2 May 1969 in Department of the Army General Orders Number 48, 1971 5. Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 6. The request, along with a DA Form 638, must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal ? knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004668 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1