IN THE CASE OF:
BOARD DATE: 9 September 2008
DOCKET NUMBER: AR20080010659
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 the Bronze Star Medal and the Bronze Star Medal with V device be added to his DD Form 214 (Armed Forces of the Untied States Report of Transfer or Discharge).
2. The applicant states that a Bronze Star Medal was pinned on his uniform by General Westmoreland, and a Bronze Star Medal with V device was sent to him after his discharge. He does not remember the dates because for 41 years he has done his best to forget. He remembers a time when a General wanted to fly low. His crew chief froze, and he climbed out of a chopper on to the skids and got them out of there after being fired on. He was the door gunner. Another time, he was shot down and was pulled from the helicopter seconds before it exploded.
3. The applicant provides his DD Form 214.
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 was inducted into the Army on 14 October 1964. He completed basic combat and advanced individual training and was awarded military occupational specialty 13A (Cannoneer).
3. The applicant arrived in Vietnam and was assigned to the 118th Aviation Company on 4 September 1965.
4. The applicant departed Vietnam on 1 September 1965. His records show he was awarded a number of Air Medals, to include the Air Medal (17th Oak Leaf Cluster). Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded a number of awards, to include Air Medals and the Aircraft Crewman Badge, but his records do not contain any Bronze Star Medal Orders.
5. The applicant was honorably released from active duty, in the rank and grade of Specialist Four, E-4 (with no record of any disciplinary actions in his records), on 3 September 1966 after completing 1 year, 10 months, and 20 days of creditable active service.
6. The applicants DD Form 214 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal, the National Defense Service Medal, the Air Medal (1st through 10th Oak Leaf Clusters), and the Republic of Vietnam Campaign Medal with Device (1960).
7. Army Regulation 600-8-22 (Military Awards) provides 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.
8. Army Regulation 600-8-22 provides that the bronze V device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze V device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.
9. A search of the historical files of the 118t Aviation Company at the National Archives in College Park, MD, failed to uncover any orders awarding the applicant any Bronze Star Medals.
10. Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
DISCUSSION AND CONCLUSIONS:
1. Regrettably, in the absence of general orders awarding applicant the Bronze Star Medal or the Bronze Star Medal with V device there is insufficient evidence to add these awards to his DD Form 214.
2. While the available evidence is insufficient for awarding the applicant a Bronze Star Medal with V Device with 1st Oak Leaf Cluster, this in no way affects the applicants right to pursue his claim for the Bronze Star Medal with V Device with 1st Oak Leaf Cluster by submitting a request through his Member of Congress under the provisions of 10 USC 1130.
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.
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