IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110004576 


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 served in Vietnam and was assigned to B Battery,
1st Battalion, 30th Field Artillery (FA), 1st Cavalry Division.  He recently learned from a noncommissioned officer (NCO) who he served with that he [the applicant] was transferred just prior to the awards ceremony during which he would have received the Bronze Star Medal with "V" Device.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter from an NCO, and a newspaper article.

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 was inducted into the Army of the U.S. for a period of 2 years on 8 January 1968.  He was awarded military occupational specialty 13A (FA Basic).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):  Vietnam from 4 June 1968 through 4 June 1969;

	b.  item 38 (Record of Assignments):

* Headquarters and Headquarters Battery, 1st Battalion, 30th FA, 
1st Cavalry Division (Airmobile), from 8 June through 9 June 1968
* B Battery, 1st Battalion, 30th FA, 1st Cavalry Division (Airmobile), from 10 June 1968 through 31 May 1969

   c.  item 41 (Awards and Decorations):  does not list the Bronze Star Medal with or without "V" Device.

4.  A DD Form 214 shows the applicant entered active duty this period on
8 January 1968, was honorably released on 7 January 1970, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  It further shows:

   a.  he completed 2 years of net active service, including 1 year and 1 day of service in Vietnam; and

   b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  National Defense Service Medal, Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and Army Commendation Medal.

5.  A review of the applicant's military personnel records failed to reveal any evidence that he was recommended for, authorized, or awarded the Bronze Star Medal with or without the "V" Device.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

7.  In support of his application, the applicant provides the following documents.

   a.  A letter from Master Sergeant (MSG) [then Sergeant] Earl W. C----, U.S. Army (Retired), who states he served with the applicant in Vietnam, and he was the howitzer section chief on 6 May 1969 when they were involved in a 5-hour fire fight with a North Vietnamese regiment.  

       (1)  MSG C---- states "I witnessed [the applicant] crossing the battery area under fire, without hesitation, to take up his designated position.  He stepped forward during this attack and exposed himself to mortar fire, rocket propelled grenades, and small arms fire in order to repel the enemy.  He relentlessly defended the landing zone without concern for his own safety."

       (2)  He states "[m]yself and four other members of this section received two silver stars, two bronze stars, and numerous awards of the purple heart medals for this incident [on 6 May 1969].  Unfortunately, [the applicant] had just been transferred when this ceremony took place and [he] didn't get the Bronze Star [Medal with] "V" [Device] that he had earned."

   b.  A "30th FA News" article, undated, but appears to have been written recently based on references to communicating via the Internet, that offers information about the 6 May 1969 attack on B Battery, 1st Battalion, 30th FA at Landing Zone Carolyn.  The article shows a request was made for award orders from those in the unit who received awards.  The article also shows that [then] SGT C--- was awarded the Silver Star for his actions on 6 May 1969.  The article makes no mention of the applicant.

8.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:

   a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  A bronze "V" device indicates an act of heroism involving conflict with an armed enemy.

   b.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

10.  Title 10 of the U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division,
1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was awarded the Bronze Star Medal with "V" Device for his actions in the Republic of Vietnam on 6 May 1969 because he earned the award; but was transferred before the award was presented to him.

2.  The applicant's claim was carefully considered.

   a.  The sincerity of the applicant's comments and the statement of MSG C---- are not in question.  However, there are no orders or any other Army records that show the applicant was awarded the Bronze Star Medal with "V" Device or that he was recommended for the award.

   b.  Therefore, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal with "V" Device.
3.  While the available evidence is insufficient for correcting the applicant's records to show a Bronze Star Medal with "V" Device, this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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)                                         AR20110004576



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004576



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1