BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20110002645
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 the Bronze Star Medal (BSM) with Valor (V) Device.
2. The applicant states his DD Form 214 does not truly reflect his BSM received for heroism.
3. The applicant provides a copy of his BSM with "V" Device certificate and citation.
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 was commissioned a Reserve officer in the rank of second lieutenant and he entered active duty on 31 July 1958. He served in area of concentration "31180" (Special Forces Officer).
3. General Orders Number 440, issued by Headquarters, U.S. Military Assistance Command, Vietnam, dated 31 January 1969, awarded the applicant the Bronze Star Medal for meritorious achievement in the Republic of Vietnam for the period 1 September 1967 to 15 May 1968.
4. Records show the applicant was recommended for award of the Legion of Merit for meritorious service in the Republic of Vietnam for the period
21 September 1967 to 15 April 1969. His record contains an AGPZ Form 738 (Record of Army Decorations Board Action), dated 23 January 1970. This form shows his recommendation for award of the Legion of Merit was downgraded to the BSM with 1st oak leaf cluster (OLC). [An OLC is awarded to denote the second and succeeding awards of certain decorations, among which is the BSM.] Accordingly, on 6 March 1970, The Adjutant General, Washington, D.C., issued the applicant a letter informing him he was awarded the BSM with 1st OLC.
5. On 30 June 1970, the applicant was honorably discharged after completing
11 years and 11 months of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows among other awards the BSM with
1st OLC. It does not include a "V" Device for heroism.
6. Records further show that on 12 January 1970, the applicant was recommended for award of the Silver Star for heroism in the Republic of Vietnam for the period 31 January to 3 February 1968. His record contains an AGPZ Form 738, dated 7 August 1970. This form shows his recommendation for award of the Silver Star was downgraded to a BSM with "V" Device. Accordingly, on
30 October 1970, The Adjutant General, Washington, D.C., issued the applicant a letter informing him he was awarded the BSM with "V" Device.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was awarded two awards of the BSM during his active duty tenure; however, a recommendation for award of the Silver Star for heroism was still pending at the time of his discharge. As such, the BSM with 1st OLC is currently documented on his DD Form 214. The Adjutant General, Washington, D.C. subsequently issued the applicant a letter order, dated 30 October 1970, awarding him the BSM with "V" Device for the period 31 January to 3 February 1968. This third award of the BSM was not entered on his DD Form 214. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the BSM (3rd Award) and with "V" Device, which indicates three awards of the BSM of which one was with "V" Device for heroism.
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 deleting from item 24 of his DD Form 214 the Bronze Star Medal with Oak Leaf Cluster and replacing it with the Bronze Star Medal (3rd Award) and with "V" Device.
__________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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