IN THE CASE OF: BOARD DATE: 13 December 2023 DOCKET NUMBER: AR20230005104 APPLICANT REQUESTS: in effect, correction of his DD Form 214, Armed Forces of the United States-Report of Transfer or Discharge, to show the: * Bronze Star Medal (2nd Award) * Army Commendation Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149, Application for Correction of Military Record. 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, while assigned to the Republic of Vietnam (RVN) in 1969, he was awarded the Army Commendation Medal, and two Bronze Star Medals for different actions. He contends that he never received any documents or medals. 3. A review of the applicant's record shows additional awards are missing from is DD Forms 214. These awards will be addressed through an administrative correction without action by the Board. 4. The applicant was inducted into the Army of the United States on 29 June 1966. 4. He served in the RVN from 13 January 1967 through 8 January 1968. During this period, he was assigned to: * 223rd Support and Service Company, from 22 January 1967 to 9 February 1967 * 163rd General Support Company, 10 February 1967 to 7 January 1968 6. Item 41, Awards and Decorations, of his DA Form 20, Enlisted Qualification Record, 14 May 1968, shows he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with “1960” Device, and the Expert Marksmanship Qualification Badge (M-14). 7. On 28 June 1966, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Expert Marksmanship Qualification Medal with Rifle Bar 8. The record contains a separate DA Form 20, undated, which shows in: * Item 31, Foreign Service, the applicant completed additional service in the RVN from – * 11 December 1968 to 3 December 1969 * 8 May 1971 to 5 May 1972 * Item 38, Record of Assignments, does not list his RVN units. * Item 41, Awards and Decorations – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with “1960” Device * Overseas Service Bar * Army Good Conduct Medal (2nd Award) * Driver and Mechanic Badge with Driver “W” Bar 9. The applicant’s record contains a DD Form 214, for the period 12 October 1969 [should read 12 November 1968] to 12 October 1969, which shows he was discharged for the purpose of immediate reenlistment while assigned to the 64th Transportation Company, RVN. 10. His record contains a third DD Form 214, for the period 13 November 1969 to 20 August 1973. This form shows the applicant was awarded or authorized: * Vietnam Service Medal with three bronze service stars * Driver and Mechanic Badge with Driver “W” Bar * Overseas Service Bar * Army Good Conduct Medal (2nd Award) 11. His record does not show the applicant was recommended for or awarded the Army Commendation Medal or the Bronze Star Medal. His record is void of official orders awarding him these awards. 12. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the Bronze Star Medal or the Army Commendation Medal. 13. Regulatory guidance requires that all awards and decorations be announced in orders. 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). 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. 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 is 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 xx xx xx DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined 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 otherwise 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 NOTES: A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 12 October 1969. As a result, amend his DD Form 214 by adding: in item 17c (Date of Entry) to show the entry "12 November 1968” and * make the following corrections to his DD Form 214 for the period ending 20 August 1973: o delete the Vietnam Service Medal with 3 bronze service stars and 1 overseas service bar. o add the following awards: * Vietnam Service Medal with 2 silver service stars and 2 bronze service star * Vietnam Counteroffensive Phase III * Consolidation I * Consolidation II * Republic of Vietnam Campaign Medal with “1960” Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation * Expert Marksmanship Qualification Badge * 5 overseas service bars 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 Army Board for Correction of Military Records (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, provides that - a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decoration, formal recommendations, approval through the chain of command, and announcement in orders are required. c. The Vietnam Service Medal is awarded to all 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. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. However, no service member may be issued both medals for service in Vietnam. The applicant’s service coincides with the following 11 campaign periods: * Vietnam Counteroffensive Phase, II, July 1966 - 31 May 1967 * Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968 * Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969 * Tet 69/Counteroffensive, 23 February - 8 June 1969 * Vietnam Summer - Fall 1969, 9 June - 31 October 1969 * Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970 * DA Sanctuary Counteroffensive, 1 May - 30 June 1970 * Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971 * Consolidation I, 1 July - 30 November 1971 * Consolidation II, 1 December 1971 - 29 March 1972 * Vietnam CEASE-FIRE, 30 March 1972-28 January 1973 3. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists the awards received by units serving in Vietnam. The pamphlet shows 64th Transportation Company (12 October 1969) was cited in Department of the Army General Orders (DAGO) Number 51, 1971, for award of the Meritorious Unit Commendation for the period 1 April 1969 to 31 March 1970. 4. Department of the Army Pamphlet 672-3 shows Department of the Army General Orders (DAGO) 8, 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam to the following units: a. Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973. b. Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 5. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar. 6. AR 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 ABCMR will decide cases on the evidence of record. It is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230005104 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1