BOARD DATE: 22 September 2009
DOCKET NUMBER: AR20090006780
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 he received or was awarded the Bronze Star Medal with "V" Device for actions performed when his unit was "pinned down" and he drove into the line of fire to save his fellow Soldiers. He states that he received the award in the mail after he left the service. He also states that he lost the medal and it is not annotated on his discharge document.
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 was inducted into the Army on 31 January 1969.
3. There are no orders available that show award of a Bronze Star Medal with "V" Device to the applicant.
4. The applicant was honorably released from active duty on 1 September 1970. His DD Form 214 does not show the Bronze Star Medal with "V" Device as an authorized award.
5. 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 Bronze Star Medal pertaining to the applicant. Additionally, item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal with "V" Device.
6. United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation stated that the Bronze Star Medal may have been awarded for heroism, 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The bronze V device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze
V device in conjunction with awards including the Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was awarded the Bronze Star Medal with "V" Device for action performed when his unit was "pinned down." However, there are no orders, certificate, or any other evidence available which indicates he was awarded the Bronze Star Medal with "V" Device. Regrettably, there is insufficient evidence on which to base correction of his records to show award of the Bronze Star Medal with V Device.
2. However, if the applicant has orders for award of the Bronze Star Medal "V" Device, he is advised to provide a copy of these orders for reconsideration of his 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.
_______ _ __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.
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