IN THE CASE OF:	  

		BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100017260 


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) through his Member of Congress to show a "V" device with his already-awarded Army Commendation Medal.

2.  The applicant states he was awarded the Army Commendation Medal for heroism which is different than that for meritorious service.

3.  The applicant provides a DD Form 214 and General Orders Number 114 awarding him the Army Commendation Medal.

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.  Having had prior enlisted service, the applicant's records show he was appointed as a second lieutenant in the U.S. Army Reserve with concurrent call to active duty and executed an oath of office on 9 October 1963.  He served as an infantry officer with the 1st Battalion, 9th Infantry, in Korea from 6 October 1965 to 13 July 1966.

3.  He was honorably retired on 23 October 1967 by reason of disability.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of is DD Form 214 shows the:

* National Defense Service Medal
* Purple Heart
* Parachutist Badge
* Expert Infantryman Badge
* Ranger Tab
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Bayonet Bar
* Army Commendation Medal

4.  He was awarded the Army Commendation Medal for heroism in action on 29 June 1966.  Headquarters, 2nd Infantry Division, General Orders Number 114, dated 29 July 1966, cited the following reason:

[Applicant] distinguished himself by gallantry and bravery on 29 June 1966 while serving as commanding officer, Company C, 1st Battalion, 23rd Infantry, 2nd Infantry Division.  On this date, Company C was conducting an area sweep in the 3rd Brigade sector of the demilitarized zone when it was discovered that a platoon of the company had inadvertently entered an unmarked minefield, setting off two mines and severely injuring two of his men.  Upon discovering their exact location, [Applicant], along with two noncommissioned officers, attempted to reach his fallen men.  With total disregard for his own life and knowing that he was in danger of grievous bodily harm, he entered the minefield by an alternate route over which he had passed the previous day.  In doing so, he stepped on an undetected mine, suffering injuries which later resulted in the amputation of his right foot.

5.  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.  The "V" device 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.

6.  Paragraph 3-17 of Army Regulation 600-8-22 states the Army Commendation Medal may be awarded for acts of noncombatant related heroism which does not meet the requirements for award of the Soldier's Medal.   

7.  The Glossary of Army Regulation 600-8-22 defines valor as heroism performed under combat conditions.  It also defines heroism as extreme courage demonstrated in attaining a noble end.  Various levels of documented heroic actions are necessary to substantiate a recommendation for award of the Army Commendation Medal with "V" Device.  The term "in connection with military operations against an armed enemy" covers all military operations including combat, support, and supply which have a direct bearing on the outcome of the engagement against armed oppositions. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show a "V" device with his already-awarded Army Commendation Medal.

2.  The evidence of record shows the applicant was awarded the Army Commendation Medal for heroism on 29 July 1966.  His heroism in placing himself in danger of grievous bodily harm when he entered the mine field is not in question.  He is truly an American hero.  However, his heroic actions did not occur under combat conditions.  

3.  In order to be awarded a "V" Device, the member must participate in acts of heroism involving conflict with the enemy.  Regretfully, he does not meet the criteria for award the "V" Device with his Army Commendation Medal in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20100017260



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ABCMR Record of Proceedings (cont)                                         AR20100017260



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