IN THE CASE OF: BOARD DATE: 10 February 2009 DOCKET NUMBER: AR20080010175 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 that a “V” device be added to his award of the Army Commendation Medal and both awards of the Bronze Star Medal. 2. The applicant states he received the awards for combat actions in Vietnam but the awards do not indicate the combat “V.” He states each of the awards is for duty in combat action and the correction should be made in the interest of accuracy and to aid him in pursuing Department of Veterans Affairs benefits. 3. The applicant provides no evidence in support of his request. 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. Records available to the Board indicate the applicant was inducted and entered active duty on 25 February 1969. He served in Vietnam between May 1970 and February 1971. 3. In August 1970 he was awarded an Army Commendation Medal for meritorious achievement during the period 1 June 1970 to 31 July 1970. In November 1970 he was awarded a Bronze Star Medal for meritorious service between January 1970 and November 1970. Orders issued by the 25th Infantry Division in Vietnam confirmed the awards. 4. In December 1970 the applicant was awarded a second Bronze Star Medal for meritorious service during the period February 1970 to February 1971. That award was confirmed in orders issued by the 1st Cavalry Division. 5. On 18 February 1971 the applicant was released from active duty. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects his award of the Army Commendation Medal and one of his Bronze Star Medals. In August 1990 a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued showing his entitlement to the second Bronze Star Medal. 6. 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 United States Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal with “V” Device or an award of the Bronze Star Medal with “V” Device. 7. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal and Bronze Star Medal may be awarded for meritorious service, meritorious achievement, or for heroism. When awarded for heroism the “V” Device is added. The "V" Device is a bronze block letter, V, 1/4-inch high with serifs at the top of the numbers. It is worn to denote participation in acts of heroism involving conflict with an armed enemy. It was originally worn only on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor). Effective 29 February 1964, the "V" Device was also authorized for wear on the Air Medal and Army Commendation Medal for heroic acts or valorous deeds not warranting awards of the Distinguished Flying Cross or the Bronze Star Medal with "V" Device. DISCUSSION AND CONCLUSIONS: 1. There is no evidence the applicant was awarded either the Army Commendation Medal or a Bronze Star Medal as a result of heroism. 2. Contrary to the applicant’s belief, a “V” Device does not denote a decoration awarded for combat participation. Rather the “V” Device specifically denotes the award was made for an act of heroism. Decorations for service and achievement are also authorized to be awarded within a combat theater. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. 4. In view of the foregoing, there is no basis for granting the applicant's request. 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. __________xxx____________ 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) AR20080010175 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080010175 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1