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 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. 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 applicants 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
ARMY | BCMR | CY2008 | 20080007631
IN THE CASE OF: BOARD DATE: 15 January 2009 DOCKET NUMBER: AR20080007631 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants service records contain the following orders awarding the Bronze Star Medal: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 all mention of the Bronze Star Medal in items 24 and 30; b. adding to his DD Form 214 in item 24 the Bronze Star Medal with...
ARMY | BCMR | CY2009 | 20090018436
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 does not show he was awarded the Bronze Star Medal and the Purple Heart. Item 24 does show he was awarded the Army Commendation Medal with "V" device and is authorized the Vietnam Service Medal with two bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his...
ARMY | BCMR | CY2010 | 20100009164
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal with "V" Device and First Oak Leaf Cluster and the Combat Infantryman Badge. Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2009 | 20090018118
Application for correction of military records (with supporting documents provided, if any). 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 the timely submission of a recommendation for such...
ARMY | BCMR | CY2010 | 20100015480
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Aircraft Crewman Badge * Army Commendation Medal (1st Oak Leaf Cluster) * Air Medal 7. There is no evidence in the available records and the applicant has not provided evidence that he was awarded the Air Medal...
ARMY | BCMR | CY2006 | 20060016500
The applicant states, in effect, that he was awarded a second Bronze Star Medal for heroism and he has orders for two Air Medals he was awarded during his service in Vietnam; however, the awards are not shown on his discharge document. Therefore, it would be appropriate to correct his records to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for...
ARMY | BCMR | CY2012 | 20120012608
The applicant requests corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 December 1970 to show in: * Item 20 (Place of Entry Into Current Active Service (City and State) the entry Fort Rucker, AL instead of Fort Tucker, AL * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the addition of the: * Vietnam Service Medal with one silver service star * Army...
ARMY | BCMR | CY2009 | 20090004527
The applicant states, in effect, he was able to locate a copy of the orders awarding him the Bronze Star Medal. The applicant's DD Form 214 (Report of Transfer or Discharge) shows the following pertinent information: a. he was honorably released from active duty on 22 January 1972 under the Phasedown Release Program; b. his rank and pay grade at time of release was specialist four (E-4); c. his last duty assignment was Company A, 2nd Battalion, 5th Calvary Regiment, 1st Calvary Division,...
ARMY | BCMR | CY2006 | 20060007607C070205
The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal. The applicant's military personnel records show he participated in three campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Combat Infantryman Badge, the Air Medal, the Army Commendation with two...
ARMY | BCMR | CY2009 | 20090008722
There is no evidence the applicant received the first award of the Army Good Conduct Medal. Although the applicant requests correction of his DD Form 214 to show four awards of the Army Commendation Medals, evidence of record shows he received only three awards of the Army Commendation Medal, of which two were for valor. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Army...