BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120007974
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 the Bronze Star Medal (BSM) with "V" (Valor) Device be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the BSM with "V" by his commanding general.
3. The applicant provides a letter from the commanding general to his parents, dated 28 May 1968.
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. The applicant enlisted in the Regular Army on 21 September 1964, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 6 August 1967 to 5 August 1968. Item 41 (Awards and Decorations) does not include the BSM with "V" Device.
4. The applicants Military Personnel Records Jacket (MPRJ) is void of any documents or orders indicating he was ever recommended for or awarded either the BSM with "V" Device by proper authority while serving in the RVN.
5. On 5 August 1968, the applicant was honorably released from active duty, in the rank of sergeant/E-5, after completing 3 years, 10 months, and 15 days of total active service. The DD Form 214 he was issued shows he earned the following awards during his active duty tenure:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Combat Infantryman Badge
6. The applicant provides a letter from a major general (MG), dated 28 May 1968, addressed to Mr. and Mrs. Strope in which the MG indicated he had awarded their son the BSM with "V" Device for valor on 25 May 1968.
7. 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 any orders for the BSM with "V" Device, or any other award orders pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 3-14 of Army Regulation 600-8-22 provides guidance for award of the BSM. It states it is awarded for heroic or meritorious achievement or service in connection with military operations against an armed enemy; or while engaged in 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to add the BSM with "V" Device to his record and
DD Form 214 has been carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, the BSM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders. The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the BSM by proper authority during his active duty tenure and there are no orders for the applicant contained in ADCARS.
3. Absent any evidence of record corroborating the information contained in the MG's letter provided by the applicant, or showing he was ever awarded the BSM with "V" Device by proper authority while serving on active duty, there is an insufficient evidentiary basis to support adding a BSM with "V" Device to his record and DD Form 214. As a matter of information, the spelling of the applicants last name is different than the spelling on the MG's letter addressed to his parents.
4. The applicant and all others concerned should know that this action related to the BSM with "V" Device 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.
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) AR20120007974
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