IN THE CASE OF:	  

		BOARD DATE:  2 January 2014

		DOCKET NUMBER:  AR20130007329 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and the Bronze Star Medal with "V" Device.  

2.  The applicant states, in effect, he received these awards as impact awards as a result of combat action in Vietnam on 6 March 1969 but they were never passed up from his company to the 4th Infantry Division and were not added to his record.

3.  The applicant provides his DD Form 214, an award citation, DA Form 67-6 (Officer Efficiency Report (OER)), three letters, a newspaper article, and one page of a unit journal.

CONSIDERATION OF EVIDENCE:

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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Having had prior enlisted service, the applicant was appointed as a second lieutenant U.S. Army Reserve (USAR) officer on 15 December 1967 with a concurrent call to active duty.  He held specialty 1203 (Tank Unit Commander).  He attained the rank/grade of first lieutenant (1LT)/O-2 on 15 December 1968. 

3.  He served in Vietnam from 12 November 1968 to 7 September 1969 while assigned to the 1st Battalion, 69th Armor Regiment, 4th Infantry Division.  

4.  He was honorably released from active duty on 12 September 1969 in the rank of 1LT and he was transferred to the USAR.  He completed 1 year, 8 months, and 28 days of creditable active service during this period of service.

5.  The DD Form 214 he was issued for this period of service shows the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal. 

6.  There are no orders in his record showing award of the Bronze Star Medal or the Bronze Star Medal with "V" Device.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show the Bronze Star Medal or the Bronze Star Medal with "V" Device.  

7.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general and/or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Bronze Star Medal pertaining to the applicant.

8.  The applicant provides:

	a.  A one page citation, undated, wherein, in part, it stated the applicant was awarded the Bronze Star Medal with "V" Device for distinguishing himself on 6 March 1969 while conducting operations in Vietnam.  [The Applicant] was leading his tank platoon in support of a mechanized infantry platoon…when the infantry platoon became pinned down by a hail of small arms and automatic fire, [The Applicant] maneuvered his tank platoon into position and proceeded to place direct fire into the enemy ranks…[The Applicant] left the covered position of his tank and, fully exposed, moved to another tank in order to complete the assault killing at least six North Vietnamese and capturing numerous weapons and equipment…[The applicant's] personal bravery and outstanding qualities of leadership reflect great credit upon himself, his unit, and the U.S. Army.
	b.  A one page unit log, dated 6 March 1969, wherein it showed that at 1900 hours on that date, Company A, 1st Battalion, 69th Armor Regiment, received small arms fire and additional fire from the North Vietnamese resulting in one personnel carrier and one tank being hit, six U.S. military wounded in action, six North Vietnamese killed in action, and the seizure of an assortment of enemy weapons and equipment.

	c.  An OER, covering the rated period from 11 February to 7 July 1969 while he was assigned to Company A, 1st Battalion, 69th Armor Regiment as the platoon leader of a tank platoon.  His rater, the company commander, in part, stated the applicant had performed his duties as a tank platoon leader in combat in an outstanding manner.  His endorser, the battalion commander, in part, stated the applicant's personal valor and devotion to duty had earned him a Bronze Star Medal for valor and a recommendation for the Silver Star, as well as the Purple Heart.

	d.  A newspaper article, dated 6 August 1969, from the Marietta Daily Journal, Marietta, GA, wherein it stated the applicant was recently awarded the Bronze Star Medal with "V" Device for bravery when his unit came under enemy attack.  Accompanying the article was a photograph identified as a general pinning the Bronze Star Medal with V" Device on the applicant.

	e.  A letter to the applicant, dated 19 March 2002, from the Military Awards Branch, U.S. Army Human Resources Command (HRC), wherein an official from HRC stated his letter to the National Personnel Records Center requesting his DD Form 214 be corrected to show the Bronze Star Medal and Bronze Star Medal with "V" Device had been forwarded to HRC for reply.  In addition to the requested awards, they also noted his OER stated he had been recommended for the Silver Star and Purple Heart.  However, there was no record of him being wounded in Vietnam and they did not find any orders awarding him the Bronze Star Medal, Bronze Star with "V" Device, or the Silver Star.  His request was denied and he was advised to forward any supporting documentation to support his request to their office for review.

9.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

10.  Title 10, U.S. Code, section 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, U.S Code, section 1130, a member must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed.  The DA Form 638 should clearly identify the member's unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the member 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.

11.  Title 10, U.S. Code, section 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, the member 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not contain any evidence and the applicant has not provided any conclusive evidence that shows he was awarded the Bronze Star Medal and the Bronze Star Medal with "V" Device.  Although he may have been recommended for award of the Bronze Star Medal with "V" Device, the evidence of record is void of orders showing he was awarded this medal or the Bronze Star Medal.  

2.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Bronze Star Medal).  Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal.  Further, his statement indicates that any recommendations for award of these decorations were never properly processed.

3.  Nevertheless, while the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicant's right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  X ______   ___
               CHAIRPERSON
      
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.


ABCMR Record of Proceedings (cont)                                         AR20130007329





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ABCMR Record of Proceedings (cont)                                         AR20130007329



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