IN THE CASE OF: 

		BOARD DATE: 15 November 2023

		DOCKET NUMBER: AR20230004720


APPLICANT REQUESTS: award of 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 (Armed Forces of the United States Report of Transfer or 
Discharge)

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:

     a.  He was put in for a Bronze Star Medal by his company, the 228th Signal 
Company, under the 459th Signal Battalion, for his actions during the 31 January 1968 
TET offensive in Vietnam. He was told of the Bronze Star Medal submission by his first 
sergeant in a chance meeting in Georgia while mustering out in July 1968.

     b.  He sees that some Soldiers received their Bronze Star Medal 52 years later, so 
where is his? He retook a bunker after the guard was hit and run off his post. He was 
the Sergeant of the Guard that night and was not sure if the Vietcong had taken it. 
Luckily, he got to it before the Vietcong did, got the M-60 online, and kept the Vietcong 
out until the guys got their boots on and helped him. There were many explosions, etc.

     c.  He was a 20-year-old, sergeant (SGT)/E-5 and was an E-5 for 9 months of his 
3 years of service. His Miliary Occupational Specialty (MOS) was 26L (Microwave Radio 
Repairman).

3.  A DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the 
applicant enlisted in the Regular Army on 6 July 1965.
4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows the following:

     a.  His Primary MOS (PMOS) was 26L and his rank/grade was SGT/E-5.

     b.  He served in Vietnam from 2 August 1966 through 23 February 1968 and was 
assigned to the 228th Signal Company.

     c.  Item 41 (Awards and Decorations) shows he was awarded or authorized the 
Vietnam Campaign Medal with Device (1960), National Defense Service Medal, 
Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with 
Rifle Bar (M-14).

5.  The applicant’s DD Form 214 shows the following:

     a.  He was honorably released from active duty on 5 July 1968, due to expiration 
terms of service (ETS) and transferred to the U.S. Army Reserve (USAR) Control 
Group.

     b.  He was credited with 3 years net active service, of which 1 year, 6 months, and 
22 days were foreign service in Vietnam.

     c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) shows the following:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Vietnam Campaign Medal with Device (1960)
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar
*	3 Overseas Service Bars

6.  A review of the applicant’s available service records reveals they do not contain a 
Bronze Star Medal recommendation, orders, or certificate.

7.  A review of the Awards and Decorations Computer Assisted Retrieval System 
(ADCARS) maintained by the U.S. Army Human Resources Command (AHRC), Military 
Awards Branch, an index of general orders issued during the Vietnam era between 
1965 and 1973, failed to reveal any orders for the Bronze Star Medal 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 that partial relief was 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 record, the 
Board determined the record is absent sufficient evidence showing any 
recommendations or orders awarding the Bronze Star Medal (BSM). The Board 
concluded the burden of proof rests with the individual concerned to provide evidence of 
a clear and convincing nature with documentation to support the applicant’s request for 
the award.  However, the Board determined the applicant's service record did not reflect 
he was awarded the Army Good Conduct Medal (AGCM) and his record shows he 
received "excellent" conduct and efficiency ratings throughout his service.

2.  Furthermore, during deliberation, the Board noted the applicant service in the 
Republic of Vietnam from 2 August 1966 through 23 February 1968 and his records are 
absent awards earned for his combat time in the RVN. Therefore, the Board granted 
relief to award him the AGCM, the Vietnam Counteroffensive Phase II and III and the 
Republic of Vietnam Gallantry Cross with Palm Unit Citation. 


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 by 

*	awarding him the Army Good Conduct Medal (1st Award) for exemplary service
from 2 August 1966 to 23 February 1968 and adding the medal to his DD Form 214 for 
the period ending 23 February 1968 

and 

*	Vietnam Counteroffensive Phase II 
*	Vietnam Counteroffensive Phase III
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation. 
*	Two bronze stars to his already awarded Vietnam Service Medal

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 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.

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) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards. 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.

	a.  This regulation also prescribes Department of the Army policy, criteria, and 
administrative instructions concerning individual and unit military awards. Paragraph 
1-14 of this regulation states, except for award recommendations submitted in 
accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 
1130), which is outlined below, each recommendation for an award of a military 
decoration must be entered administratively into military channels within 2 years of the 
act, achievement, or service to be honored. An award recommendation will be 
considered to have been submitted into military channels when it has been signed by 
the initiating officer and endorsed by a higher official in the chain of command.  
However, pursuant to 10 USC 1130, a Member of Congress can request consideration 
of a proposal for the award or presentation of decoration either for an individual or unit 
that is not otherwise authorized to be presented or awarded due to limitations 
established by law or policy. Based upon such review, the Secretary of the Army will 
make a determination as to the merit of approving the award or presentation of the 
decoration and other determinations necessary to comply with congressional reporting 
requirements under 10 USC 1130. 

	b.  Title 10 USC 1130 allows the Service Secretary concerned to review a proposal 
for the award of, or upgrading of, a decoration that is otherwise precluded from 
consideration by limitations established by law or policy. In order to request an award 
under Title 10 USC 1130, an applicant must submit a DA Form 638 (Recommendation 
for Award).  The DA Form 638 should clearly identify his/her unit, the period of 
assignment, and the award being recommended. A narrative of the actions or period for 
which he/she is requesting recognition must accompany the DA Form 638.  In addition, 
the award request should be supported by sworn affidavits, eyewitness statements, 
certificates and related documents. Corroborating evidence is best provided by 
commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) 
knowledge of the circumstances and events relative to the request.

	c.  Title 10 USC 1130 also requires that a request of this nature be referred to the 
Service Secretary from a Member of Congress. Therefore, an applicant must submit 
his/her request through a Member of Congress who will send it to the U.S. Army Human 
Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort 
Knox, KY 40122. The burden and costs for researching and assembling documentation 
to support approval of requested awards and decorations rest with the requestor. As 
such, the issue of the Silver Star will not be further considered in this Record of 
Proceedings.

3.  Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign 
Participation Credit Register) shows, per Department of the Army General Order 
(DAGO) Number 8, dated 1974, all units that served in Vietnam received the Republic 
of Vietnam Gallantry Cross with Palm Unit Citation.

4.  AR 600-8-22 states the Vietnam Service Medal is awarded to all members of the 
Armed Forces of the United States based on their qualifying service in Vietnam after 3 
July 1965 through 28 March 1973; a bronze service star will be awarded for wear on the 
Vietnam Service Medal for the Soldier’s participation in each recognized campaign, 
including:
*	Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967
*	Vietnam Counteroffensive Phase III (1 Jun 1967 to 28 January 1968

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230004720


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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