IN THE CASE OF:	  

		BOARD DATE:  20 September 2012

		DOCKET NUMBER:  AR20120005668 


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, in effect, the clerk misread the true intent of his U.S. Army Vietnam (USARV) Form 157 (Recommendation for Decoration for Valor or Merit) when copying the information to his DD Form 214.  He claims he was told by his battalion commander that he and two other Soldiers were being recommended for the Bronze Star Medal with "V" Device and another Soldier for the Silver Star.  He further states, following his discharge, he entered civilian life and put away all of the papers associated with his service.  Only recently has he become aware of the discrepancy and requests that it be corrected.  

3.  The applicant provides a copy of his DD Form 214 and USARV Form 157.

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's records show he was inducted into the Army of the United States on 12 February 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  His record shows he served in the Republic of Vietnam from 16 July 1968 to 13 July 1969.

3.  His records contain General Orders Number 445, dated 11 February 1969, issued by Headquarters, 4th Infantry Division, which show he was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on             13 September 1968.

4.  He was honorably released from active duty on 11 February 1970 and  transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 shows he was awarded the Army Commendation Medal with "V" Device, but does not show he was awarded the Bronze Star Medal with "V" Device.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the Army Commendation Medal with "V" Device, but does not show he was awarded the Bronze Star Medal with "V" Device and his official military records do not contain any general orders which awarded him the Bronze Star Medal with "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 Bronze Star Medal with "V" Device orders for the applicant.

7.  He submitted a USARV Form 157 which shows he was recommended for award of the Bronze Star Medal with "V" Device for heroic actions against an armed hostile force on 13 September 1968 in the Kontum Province, Republic of Vietnam.  He did not submit orders awarding him the medal.

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

9.  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.

10.  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, ATTN:  AHRC-PDP-A, 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 documentation submitted by the applicant which shows he was recommended for award of the Bronze Star Medal with "V" Device is noted; however, it is insufficient to grant him the requested relief without orders.  It is apparent the recommendation was ultimately downgraded to the Army Commendation Medal with "V" Device, which is the award he received.  The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal.

2.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal with "V" Device, this in no way affects his right to pursue his claim for the Bronze Star Medal with "V" Device by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  The applicant's sincerity is not in question.  However, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal with "V" Device.
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)                                         AR20120005668



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ABCMR Record of Proceedings (cont)                                         AR20120005668



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