IN THE CASE OF: BOARD DATE: 29 November 2023 DOCKET NUMBER: AR20230004873 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show the: * Bronze Star Medal (2nd Award) * Army Commendation Medal (2nd Award) * Combat Medical Badge * Expert Field Medical Badge APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Headquarters (HQ) 3rd Armored Division Special Orders Number 179, dated 28 June 1969, for the Expert Field Medical Badge * HQ, 25th Infantry Division Special Orders Number 35, dated 4 February 1970, for the Combat Medical Badge * HQ, 25th Infantry Division General Orders Number 5478, dated 26 May 1970, for the Army Commendation Medal for service during the period 1 March 1970 to 30 April 1970 * HQ, 25th Infantry Division General Orders Number 10409, dated 21 October 1970, for the Army Commendation Medal for service during the period 19 August 1970 to 19 October 1970 * HQ, 25th Infantry Division General Orders Number 9663, dated 18 September 1970, for the Bronze Star Medal for service during the period November 1969 to November 1970 with citation * Citation for the Bronze Star Medal for service during the period 19 August 1970 to 19 October 1970 * Letter from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 24 March 1971 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's records contain general and special orders awarding him the Army Commendation Medal (2nd Award), Combat Medical Badge, and the Expert Field Medical Badge. Therefore, there is sufficient evidence to correct his DD Form 214 to show these awards and badges without Board action. 3. The applicant states his DD Form 214 does not show all his decorations and awards. 4. The applicant enlisted in the Regular Army on 3 December 1968. His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 30 November 1969. 5. General Orders Number 9663, dated 18 September 1970, issued by HQ, 25th Infantry Division, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period November 1969 to November 1970. 6. The applicant's DD Form 214 shows he was released from active duty and transferred to the U.S. Army Reserve on 7 November 1970. His DD Form 214 also shows he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal (one award only) * Bronze Star Medal (one award only) 7. The applicant provided a citation for the Bronze Star Medal indicating he was awarded this award for meritorious achievement during the period 19 August 1970 to 19 October 1970. Orders awarding him the Bronze Star Medal for this period of service were not found in his records. This period of service is the same period service shown on HQ, 25th Infantry Division General Orders Number 10409, dated 21 October 1970, which awarded him the Army Commendation Medal for meritorious achievement during the same period. 8. The applicant also provided letter from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 24 March 1971, informing him that the commander of the unit in which he served his active duty had awarded him the Army Commendation Medal and the Bronze Star Medal. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, 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 the record is absent sufficient evidence showing any recommendations or orders awarding the Bronze Star Medal (BSM) (2nd Award). Evidence in the record show the applicant’s award for a BSM was downgraded to an Army Commendation Medal. Based on this, 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 be completed to more accurately depict the military service of the applicant. 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): A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 7 November 1970. As a result, amend his DD Form 214 by adding * HQ, 3rd Armored Division Special Orders Number 179, dated 28 June 1969, awarding him the Expert Field Medical Badge * HQ, 25th Infantry Division Special Orders Number 35, dated 4 February 1970, awarding him Combat Medical Badge * HQ, 25th Infantry Division General Orders Number 5478, dated 26 May 1970 awarding him the Army Commendation Medal (1st Award) for service during the period 1 March 1970 to 30 April 1970 * HQ, 25th Infantry Division General Orders Number 10409, dated 21 October 1970 awarding him the Army Commendation Medal (2nd Award) for service during the period 19 August 1970 to 19 October 1970 * Vietnam Summer- Fall 1970 (1 November 1969 to 30 April 1970 * Sanctuary Counteroffensive (1 May 1970 to 30 July 1970 * Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971 * Republic of Vietnam Gallantry Cross with Palm Unit Citation. * Add three bronze stars to his already awarded Vietnam Service Medal ? 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. Army Regulation 600-8-22, paragraph 1-19 (Duplication of Awards) states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. 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 Summer- Fall 1970 (1 November 1969 to 30 April 1970 * Sanctuary Counteroffensive (1 May 1970 to 30 July 1970 * Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) 5. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004873 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1