AR20150009830

BOARD DATE: 12 May 2016

DOCKET NUMBER: AR20150009830

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

___x_____ ___x_____ __x___ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

BOARD DATE: 12 May 2016

DOCKET NUMBER: AR20150009830

BOARD DETERMINATION/RECOMMENDATION:

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.

___________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.

BOARD DATE: 12 May 2016

DOCKET NUMBER: AR20150009830

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 revocation of Headquarters, U.S.Army Vietnam, General OrdersNumber 3895, dated 17June 1966.

2. The applicant states:

a.Headquarters, U.S.Army Vietnam, General Orders Number2637, dated 1May 1966, awarded him the Bronze Star Medal.

bHeadquarters, U.S.Army Vietnam, General Orders Number3895, dated 17June 1966, revoked his award of the Bronze Star Medal.

c.While serving in Vietnam, he was assigned to the 1stBrigade, 101stAirborne Division. He departed Vietnam on 29May 1966.

d.He believes an injustice occurred with the issuance of Headquarters, U.S.Army Vietnam, General Orders Number3895 without any supporting documentation.

e.His command’s documentation supporting his award of the Bronze Star Medal agrees closely with comments in his officer efficiency report for the majority of his Vietnam tour.

f.He was never informed of, awarded, or presented the Bronze Star Medal.

g.The U.S.Army Human Resources Command (HRC) alternate suggestion of going through a U.S.Congressman under Title10, U.S.Code, section1130, is an impossibility to comply with after 49years.

h.He questions the whereabouts of any supporting documentation for the revocation orders and who approved the revocation request.

3. The applicant provides:

* self-authored statements
* StandardForm180 (Request Pertaining to Military Records)
* three self-authored letters, dated 14January 2015
* Headquarters, U.S.Army Vietnam, General Orders Number2637, dated 1May 1966
* U.S.Army Vietnam Form157 (Recommendation for Decoration for Valor or Merit)
* DAForm67-5 (U.S.Army Officer Efficiency Report)
* DDForm214 (Armed Forces of the United States Report of Transfer or Discharge)
* U.S.Army Reserve Personnel Center Order NumberC-08-801520, dated 9August 1989
* Certificate of Retirement
* letter of appreciation, dated 10July 1966
* two letters from HRC, dated 23February 2015 and 8April 2015
* Headquarters, U.S.Army Vietnam, General Orders Number3895, dated 17June 1966
* DAForm638 (Recommendation for Award)
* Basic Information Required for Submission of a Retroactive Award Recommendation
* email

CONSIDERATION OF EVIDENCE:

1. The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 2June 1961.

2. On 2January 1962, he was ordered to active duty.

3. His DAForms66 (Officer Qualification Record) show he served in Vietnam during the period 8July 1965 through 31May 1966 and he was assigned to the 101stAdministration Company Support Battalion, 1stBrigade, 101stAirborne Division.
4. He provided a DAForm67-5 for the period 27May 1965 to 13January 1966 that shows his principal duty as the brigade finance officer conducting counterinsurgency operations in the Republic of Vietnam.

5. Headquarters, U.S.Army Vietnam, General Orders Number2637, dated 1May 1966, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period May 1965 to May 1966.

6. He provided an unsigned and undated U.S.Army VietnamForm157 for award of the Bronze Star Medal for the period 27May 1965 through 29May 1966 which shows he was responsible for establishing a finance office in a combat area in Vietnam.

7. Headquarters, U.S.Army Vietnam, General Orders Number3895, dated 17June 1966, revoked his award of the Bronze Star Medal.

8. He provided a letter of appreciation, dated 10July 1968, which congratulated him on his dedication and esprit during his tour in Vietnam.

9. On 31August 1970, he was honorably released from active duty and transferred to the U.S.Army Reserve Control Group (Reinforcement). His DDForm214 does not show award of the Bronze Star Medal.

10. On 12May 1999, he was placed on the Retired List in the rank of lieutenantcolonel.

11. He provided:

a.self-authored letters to HRC requesting revocation of Headquarters, U.S.Army Vietnam, General Orders Number3895, dated 17June 1966, and supporting documentation justifying this revocation; and

b.two HRC letters from the Chief, Awards and Decorations Branch, dated 23February 2015 and 8April 2015, which show this office advised him that he was not entitled to the Bronze Star Medal and of his right to pursue this award through the Army Board for Correction of Military Records (ABCMR) or a member of Congress under the provisions of Title10, U.S.Code, section1130.

REFERENCES:

1. U.S.Army Vietnam Regulation672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.

a.To qualify, the achievement of the individual should have been of such magnitude that it clearly placed him above his peers. Exceptional performance of duty is not in itself an adequate basis for an award.

b.The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadiergenerals in command of separate brigades. However, the HRC Awards Branch shows authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S.Army Support Commands located at Saigon, CamRanhBay, and QuiNhon and in command of separate engineer brigades in Vietnam assigned to the U.S.Army Engineer Troops (Provisional).

2. Army Regulation600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It 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 UnitedStates 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 Regulation15-185 (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 applicant has the burden of proving an error or injustice by a preponderance of the evidence.

4. Title10, U.S.Code, section1130, 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.

5. The request, with a DAForm638, must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S.Army Human Resources Command, ATTN:AHRC-PDP-A, 1600SpearheadDivisionAvenue, FortKnox, KY40122. The applicant’s unit must be clearly identified along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DAForm638. Requests for consideration of awards 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 knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION:

1. The evidence of record shows a U.S.Army Vietnam Form157 was submitted on behalf of the applicant for award of the Bronze Star Medal. Although justification for the award was provided, this form was not signed, dated, or endorsed by his command.

2. Headquarters, U.S.Army Vietnam, General Orders Number2637, dated 1May 1966, awarded him the Bronze Star Medal and General Orders Number3895, same Headquarters, dated 17June 1966, revoked so much of General Orders Number2637 pertaining to the applicant.

3. The evidence of record shows the appropriate approval authority revoked his award of the Bronze Star Medal. Justification for revocation was at the discretion of the approval authority.

4. Although the applicant disagrees with the revocation of his award for the Bronze Star Medal, administrative regularity is presumed. This in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title10, U.S.Code, section1130.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20150009830

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20150009830

5

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2