BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090009031 


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 an upgrade his Army Commendation Medal with "V" Device to the Bronze Star Medal with "V" Device.

2.  The applicant states, in effect, that his platoon sergeant told him that he was recommending him for a Bronze Star Medal for the valorous action he displayed on 15 October 1968.  However, 2 weeks later he received the Army Commendation Medal with "V" Device.  When he asked his platoon sergeant about the Bronze Star Medal, he was told not to worry, that he would take care of it.  However, a week or so later, his platoon sergeant was hit by rifle fire and died.

3.  The applicant provides a self-authored letter, a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), a copy of Department of the Army, Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 13668, and a Department of Veterans Affairs (VA) rating decision 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 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.  The applicant's record shows that he was inducted into the Army of the United States and entered active duty on 28 November 1967 and that he was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 28  November 1969, the applicant was honorably released from active duty in the rank of sergeant after completing 2 years of active military service.  The DD Form 214 he was issued at the time shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded and Authorized) that he earned the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Purple Heart, and Army Commendation Medal.

4.  On 2 August 1999, the applicant requested upgrade of the Army Commendation Medal with "V" Device he earned for valorous action on 15 October 1968 to the Bronze Star Medal with "V" Device through a Member of Congress.

5.  In response, on 15 June 2001, the Army Human Resource Command (HRC) Military Awards Branch issued the applicant a DD Form 215 which corrects the DD Form 214 he was issued at the time of his discharge.  The DD Form 215 shows that during his tenure in the Army he earned the Purple Heart (First Oak Leaf Cluster), Air Medal, Army Commendation Medal with "V" Device (First Oak Leaf Cluster), Vietnam Service Medal with three bronze service stars, Combat Infantryman Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His request to upgrade his Army Commendation Medal with "V" Device was disapproved.

6.  There is no evidence HRC granted the applicant's request for an upgrade of his Army Commendation Medal with "V" Device.

7.  The applicant's official military personnel file is void of any documents showing the applicant was ever recommended for the Bronze Star Medal with "V" Device.



8.  The applicant provided a one-page self-authored statement which essentially states that although it may not mean much to anyone but him, he feels like he deserves the Bronze Star Medal for which his platoon sergeant recommended him.  He knows this is the truth because he has lived it almost every night for the past 40 years.

9.  United States Army Vietnam Regulation 672-1 (Decorations and 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his platoon sergeant intended to award him the Bronze Star Medal with "V" Device instead of the Army Commendation Medal with "V" Device was carefully considered.  However, his military record is void of any documents to support his contention.  Although, the sincerity of the applicant's contention is not in question, absent evidence to support his claim, there is an insufficient basis to grant the requested relief.

2.  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 did not submit the necessary evidence to satisfy this requirement.

3.  Although there is insufficient evidence to grant the relief requested, this by no means diminishes the applicant's dedicated service to and sacrifices for a grateful Nation.

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.

ABCMR Record of Proceedings (cont)                                         AR20090009031



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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