IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110016400
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 award of the Bronze Star Medal with "V" Device.
2. The applicant states:
a. He and two other Soldiers were put in for the Bronze Star Medal with "V" Device for an incident that occurred on 13 March 1970. Shortly afterwards his tour ended and he returned stateside. He expected the medal would eventually show up and when his service expired on 3 December 1970, he realized it was not shown on his DD Form 214. As it was a very emotionally traumatic incident he chose not to pursue it at that time.
b. He is now dealing with establishing service connection for physical disabilities that resulted from his tour in Vietnam. When he contacted members of his unit for letters of verification of the physical demands they endured, the memories of the event were unavoidable and triggered a lot of emotional pain for him. The Department of Veterans Affairs (VA) is telling him it is post traumatic stress.
c. The event occurred on 13 March 1970 at the village of Dong Xuan. He knows the award citation was approved because another Soldier was awarded the Silver Star (it was upgraded because he had two prior Bronze Star Medal awards). Three Soldiers were involved and all were put in for the award at the same time. He called the individual who put them in for the award and he assured the applicant the medals had been approved.
3. The applicant did not provide any additional documentation.
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 United States on 4 December 1968. He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) that he was assigned to Vietnam and served with the 1st Battalion, 6th Infantry, 198th Infantry Brigade, from 31 May 1969 through 9 April 1970.
b item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, two oversea service bars, Bronze Star Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 3 December 1970, as a sergeant/E-5. He had completed 2 years of total active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, two oversea service bars, Republic of Vietnam Campaign Medal, Bronze Star Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
6. There are no available orders showing he was awarded the Bronze Star Medal with "V" Device.
7. 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 U.S. Army Human Resources Command failed to reveal orders awarding the applicant the Bronze Star Medal with "V" Device.
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 bronze V device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was awarded the Bronze Star Medal for his service in Vietnam. That award is properly listed on his DD Form 214.
2. There are no available orders showing he was awarded the Bronze Star Medal with "V" Device.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 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) AR20100025029
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ABCMR Record of Proceedings (cont) AR20110016400
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