IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110003888
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 the Bronze Star Medal with "V" Device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* When he requested his awards and decorations the Bronze Star Medal with "V" Device was not included
* He was discharged 12 hours after returning stateside from Vietnam
* He was sent a copy of the orders by men he served with during his last year
* At the time of his discharge his records from Vietnam were not complete
3. The applicant provides:
* Pages 20 and 21 of a document pertaining to awards and decorations
* Department of Veterans Affairs letter, dated 11 August 2010
* 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. He enlisted in the Regular Army on 14 October 1963 for a period of 3 years. He served as a radio teletype operator in Vietnam from 8 July 1965 to 7 July 1966. On 14 July 1966, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 does not show the Bronze Star Medal with "V" Device as an authorized award.
4. There are no orders for the Bronze Star Medal with "V" Device in the available records.
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Bronze Star Medal with "V" Device.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal with "V" Device pertaining to the applicant.
7. In support of his claim, he provided pages 20 and 21 of an awards and decorations section of an unspecified document which contains the names of personnel awarded the Distinguished Service Cross, Silver Star, and Bronze Star for Valor. Page 21 shows the applicant was awarded the Bronze Star for Valor.
8. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The regulation states the bronze V device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
There are no orders for the Bronze Star Medal with "V" Device in the available records and the applicant did not provide any orders for the Bronze Star Medal with "V" Device. In the absence of orders officially awarding him the Bronze Star Medal with "V" Device or any other official corroborating evidence, the documentation provided by the applicant is not sufficient as a basis for adding the Bronze Star Medal with "V" Device to his DD Form 214.
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) AR20110003888
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ABCMR Record of Proceedings (cont) AR20110003888
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