IN THE CASE OF:
BOARD DATE: 30 September 2008
DOCKET NUMBER: AR20080006070
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 records to show award of the Bronze Star Medal with V Device.
2. The applicant states that he was awarded the Bronze Star Medal with
V Device while serving in Vietnam with the 170th Assault Helicopter Company, and it was presented to him by the commander of the 1st Aviation Battalion in 1970.
3. The applicant provides no additional documents in support of his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 17 May 1968. At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 67N (UH-1 Helicopter Repairman). He served in Vietnam from November 1968 through November 1969 with Troop B, 7th Armored Squadron, 17th Cavalry. His highest grade held was specialist five.
3. He was honorably discharged on 15 March 1970 for immediate reenlistment. His DD Form 214 for the period ending 15 March 1970 (which erroneously shows he entered active duty on 17 May 1970) shows the Air Medal, two Overseas Service Bars, the Republic of Vietnam Campaign Medal with Device (1960), and the Vietnam Service Medal as authorized awards.
4. The applicant reenlisted on 16 March 1970. He was reassigned to Vietnam from August 1970 through March 1972 with the 170th Aviation Company and the 129th Assault Helicopter Company of the 7th Armored Squadron, 17th Cavalry.
5. There are no orders located in the Awards and Decorations Computer Assisted Retrieval System (ADCARS) which indicate the applicant was awarded the Bronze Star Medal with V Device. Item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal with V Device.
6. He was released from active duty on 18 March 1974. His DD Form 214 for the period ending 18 March 1974 shows the National Defense Service Medal, the Army Commendation Medal (First Oak Leaf Cluster), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.
7. He reenlisted in the Regular Army on 31 October 1974 and was discharged on 15 August 1975. His DD Form 214 for the period ending 31 October 1974 does not show the Bronze Star Medal with V Device as an authorized award.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
DISCUSSION AND CONCLUSIONS:
The applicant contends that he was awarded the Bronze Star Medal with V Device in Vietnam while assigned to the 170th Assault Helicopter Company. However, there are no orders, certificate, or any other evidence available which indicate he was awarded the Bronze Star Medal. Regrettably, there is insufficient evidence on which to base correction of his records to show award of the Bronze Star Medal with V Device.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XX______ ___XX_____ _ XX_______ 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.
_______ _XXXX _______ ___
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) AR20080006070
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ABCMR Record of Proceedings (cont) AR20080006070
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