BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100009817
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 (Report of Transfer or Discharge) to show award of the Bronze Star Medal with "V" Device.
2. The applicant states:
* He was a sniper in a reconnaissance platoon in Vietnam
* They made contact with the enemy and were pinned down all day and night and he was awarded the Bronze Star Medal and promoted to the rank of sergeant for heroism in combat
* He lost his medal in a house fire
3. The applicant provides:
* DD Form 214
* Correspondence with the National Personnel Records Center in St. Louis, Missouri
* Award certificate for the Bronze Star Medal for heroism in ground combat
* Letter, dated 5 February 2010, from a Member of Congress
* DD Form 215 (Correction to DD Form 214)
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 enlisted in the Regular Army on 31 January 1969 for a period of 2 years. He arrived in Vietnam on 1 July 1969. He served as a light weapons infantryman assigned to Companies B, D, and E, 1st Battalion, 12th Cavalry in Vietnam from 18 July 1969 to 30 June 1970. On 29 January 1971, he was released from active duty in the rank of sergeant and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. The applicant's DD Form 214 shows the National Defense Service Medal, Combat Infantryman Badge, Air Medal, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.
4. Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 13524, dated 27 July 1970, show the applicant received the Bronze Star Medal with "V" Device for heroism on 13 May 1970.
5. A DD Form 215, dated 6 March 2009, amended the applicant's DD Form 214 by deleting the Vietnam Service Medal with two bronze service stars and adding the Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross Unit Citation with Palm Device, and Republic of Vietnam Civil Actions Honor Medal First Class.
DISCUSSION AND CONCLUSIONS:
Orders show the applicant received the Bronze Star Medal with "V" Device. Therefore, his DD Form 214 should be corrected to show this medal.
BOARD VOTE:
___x____ __x_____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Bronze Star Medal with "V" Device on his DD Form 214.
_______ 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) AR20100009817
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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