IN THE CASE OF:	

		BOARD DATE:	  01 April 2010

		DOCKET NUMBER:  AR20090017431 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Army Commendation Medal with "V" device.

2.  The applicant states his DD Form 214 should show his Army Commendation Medal with the "V" device because it had a "V" when it was awarded.  He also would like to have the papers showing what the "V" means.

3.  The applicant did not provide any additional documentary 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 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 records show he was inducted into the Army of the United States and entered active duty on 28 February 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewmember).  He was honorably separated in the rank/grade of specialist four/E-4, on 27 February 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

3.  His records further show he served in the Republic of Vietnam from on or about 27 July 1967 to on or about 26 July 1968.  He was assigned to Company A, 3rd Battalion, 22nd Infantry, 25th Infantry Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Pistol Bar (.45 caliber), 1st Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Mortar Bar (81 millimeter), two overseas service bars, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device "1960," and Army Commendation Medal.

5.  Headquarters, 25th Infantry Division, General Orders Number 4322, dated 11 June 1968, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force from July 1967 to July 1968.

6.  His records do not contain a recommendation and/or orders for award of the Army Commendation Medal with "V" device.

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal with "V" device.

8.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review reveals that orders were issued to award him the Army Commendation Medal for meritorious service; however, it failed to reveal any Army Commendation Medal with "V" device orders on file for him.

9.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  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.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal with "V" device.

2.  A "V" device may be awarded with the Army Commendation Medal to individuals for heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force.  It requires a lesser degree of heroism than that required for the Bronze Star Medal; however, the individual must have performed an act of heroism under hazardous conditions in accomplishing his mission so as to set him apart from other individuals participating in the same conflict.

3.  The applicant's service in Vietnam and sincerity are not in question.  However, there is no evidence in his records and he did not provide any evidence that shows his act of heroism or action that would have set him apart from other individuals participating in the same conflict.  Additionally, the regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  Regretfully, in the absence of the formal recommendation, approval, and orders, there is insufficient evidence to grant the applicant relief in this case.


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)                                         AR20090017431



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ABCMR Record of Proceedings (cont)                                         AR20090017431



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