IN THE CASE OF:
BOARD DATE: 20 May 2010
DOCKET NUMBER: AR20090018435
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 was awarded the Bronze Star Medal with "V" Device, but he never received the citation.
3. The applicant provides no additional documentary evidence 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 enlisted in the Regular Army for a period of 3 years on
18 October 1966. Upon completion of training he was awarded military occupational specialty 61A (Seaman).
3. The applicant's DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service), shows he served in the Republic of Vietnam from 5 April 1968 through 21 May 1969. Item 41 (Awards and Decorations) fails to show he was authorized award of the Bronze Star Medal with "V" Device.
4. There are no orders or other evidence in the applicant's military personnel records that show he was recommended for or awarded the Bronze Star Medal with "V" Device.
5. A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce orders showing the applicant was awarded the Bronze Star Medal with "V" Device.
6. The applicant's DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge) shows he was honorably released from active duty on
27 August 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.
a. At the time he had completed 2 years, 10 months, and 2 days of net active service and 1 year, 1 month, and 17 days of foreign service.
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, Expert Marksmanship Qualification Badge (Rifle M-16), and Marksman Marksmanship Qualification Badge (Rifle M-14).
7. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
a. Chapter 3 (U.S. Army Individual Decorations) provides for award of individual military decorations in time of war and peace for heroism and for meritorious achievement or service. It provides that for personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. Award of the Bronze Star Medal with bronze "V" Device indicates an act of heroism involving conflict with an armed enemy.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to show he was awarded of the Bronze Star Medal with "V" Device and he should be issued the award elements.
2. There is no evidence that the applicant was awarded the Bronze Star Medal with "V" Device or that he was recommended for the award. Therefore, there is insufficient evidence to support 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.
__________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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