IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20120001107
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 change his "Bronze Star Medal (BSM)" to "BSM with "V" Device.
2. The applicant states his DD Form 214 stated he received a BSM; however, he actually received a BSM with "V" Device for valor. The personnel who issued his DD Form 214 did not enter the award properly.
3. The applicant did not provide additional supporting evidence.
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. After having had prior enlisted service, the applicant was appointed as a Reserve warrant officer on 21 March 1968 and held the specialty 100B0 (Rotary Wing Pilot). He served in a variety of stateside or overseas assignments, including Vietnam from 13 April 1968 to 11 April 1969. The highest grade he achieved on active duty was chief warrant officer two/W-2.
3. General Orders (GOs) Number 157, issued by Headquarters, 18th Engineer Brigade, on 19 March 1969, awarded him the BSM for meritorious service during the period of 13 April 1968 to 12 April 1969.
4. His DA Form 66 (Officer Qualification Record) shows he was awarded the BSM.
5. There is no evidence of record showing he was awarded the BSM with "V" Device.
6. He was discharged under honorable conditions on 31 October 1969. His DD Form 214 shows he received the BSM.
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. The "V" device is a bronze block letter, V. It is worn to denote participation in acts of heroism involving conflict with an armed enemy. It is worn on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor). As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record nor has the applicant provided evidence to show he received the BSM with "V" Device. While GOs, his DA Form 66, and DD Form 214 all show he was awarded the BSM, none of these documents indicate that the BSM was awarded with a "V" Device. Unfortunately, there is insufficient evidence to support granting his 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 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) AR20120001107
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120001107
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2003 | 2003088647C070403
There are also no other award orders or other documents on file in the MPRJ that indicate that the applicant was ever recommended for or awarded the BSM with “V” Device while serving in the RVN. Paragraph 6-5 of the awards regulation contains guidance on the “V” Device. However, although the record confirms he was awarded the BSM for meritorious service, it contains no evidence to indicate that he received the “V” Device with this award or with any other award he received during his tenure...
ARMY | BCMR | CY2012 | 20120008357
The following general orders (GO) published by Headquarters, 9th Infantry Division awarded the applicant the following awards as indicated: * GO Number 7566, dated 26 August 1968, awarded him the BSM with "V" Device for heroism in Vietnam on 24 June 1968 * GO Number 8191, dated 9 September 1968, awarded him BSM with "V" Device for heroism in Vietnam on 12 and 13 August 1968 * GO Number 2550, dated 5 March 1969, awarded him the BSM (2nd OLC) for meritorious service in Vietnam for the period...
ARMY | BCMR | CY2009 | 20090000583
Although the applicant has not provided copies of the orders awarding him the two BSMs, his official records contain one order awarding him the BSM with one OLC, which in itself indicates that it was his second award of the BSM. Therefore, it would be in the interest of justice to correct his records at this time to reflect his award of the BSM with "V" device and one OLC. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2006 | 20060010567C071029
The applicant states, in effect, he received a PH for being wounded in action in January 1968, which is included in his record and on his separation document (DD Form 214), but did not receive a second PH for an incident that occurred on 19 September 1967, when he was flying a helicopter gunship in the An Loc valley in the Republic of Vietnam (RVN). By regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a...
ARMY | BCMR | CY2008 | 20080007631
IN THE CASE OF: BOARD DATE: 15 January 2009 DOCKET NUMBER: AR20080007631 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants service records contain the following orders awarding the Bronze Star Medal: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 all mention of the Bronze Star Medal in items 24 and 30; b. adding to his DD Form 214 in item 24 the Bronze Star Medal with...
ARMY | BCMR | CY2002 | 2002070817C070402
The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of GO Number 14339, dated 15 November 1969, issued by Headquarters, 1 st Cavalry Division (Airmobile), RVN, which awarded him the BSM for meritorious service for the period January 1969 through January 1970. Lacking any evidence of disqualifying derogatory information or a specific disqualification from any of the active duty unit commanders for which he served, the Board concludes that the applicant should be awarded...
ARMY | BCMR | CY2014 | 20140000899
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Bronze Star Medal (BSM) with "V" Device, the Air Medal (AM) (2nd and 3rd Awards), and the Republic of Vietnam (RVN) Gallantry Cross with Bronze Star. The 57th Aviation Company was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation by general orders during his...
ARMY | BCMR | CY2002 | 2002069950C070402
The applicant requests that his military record be corrected to show that he was awarded the Bronze Star Medal (BSM) with “V” device and 1 st oak leaf cluster (OLC), the Army Commendation Medal (ARCOM) with “V” device and the Purple Heart. While there are no orders or medical records showing that the applicant is entitled to the Purple Heart, the citation for the BSM with “V” device clearly shows that he was wounded in the face as a result of enemy action on 20 July 1968, during the same...
ARMY | BCMR | CY2009 | 20090010417
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add his Bronze Star Medal (BSM) for valor. The applicant's records do not contain orders or an award recommendation for the BSM for valor. As such, there is insufficient evidence with which to grant the applicant's request.
ARMY | BCMR | CY2007 | 20070007063C080407
However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, and the regulation only authorizes a "V" Device with a BSM that is awarded for heroism. The evidence of record shows that based on his assignment to Company A, 15th Medical Battalion, the applicant is entitled to the MUC, which is already documented in his record and separation document. As a result, the Board...