BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110023682
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 addition of the "V" Device to his Bronze Star Medal.
2. The applicant states the "V" Device is not shown on his award.
3. The applicant provides a copy of a certificate showing he was awarded the Bronze Star Medal for the period February 1969 to February 1970.
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 17 April 1962. He completed training and was awarded military occupational specialty (MOS) 730.00 (Finance Clerk). He subsequently reenlisted, was reclassified into MOS 75Z (Personnel Sergeant) and continued to serve in an active duty status.
3. On 31 July 1982, the applicant was honorably retired after completing 20 years, 3 months, and 14 days of active service. His DD Form 214 does not list the Bronze Star Medal with "V" Device.
4. His DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal with "V" Device and there are no available orders showing he was awarded the Bronze Star Medal with "V" Device.
5. The applicant provided a certificate showing he was awarded the Bronze Star Medal for meritorious achievement during the period February 1969 to February 1970.
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 U.S. Army Human Resources Command failed to reveal orders awarding the applicant the Bronze Star Medal or Bronze Star Medal with "V" Device.
7. 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. There are no available orders showing he was awarded the Bronze Star Medal with "V" Device. The certificate he provided shows the award was for meritorious achievement. It was not for heroism, which is required for the
"V" Device.
2. 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) AR20110023682
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