IN THE CASE OF:  	

		BOARD DATE:  15 November 2012

		DOCKET NUMBER:  AR20120009100


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 records to show he was awarded the Bronze Star Medal for heroism instead of meritorious achievement.  Additionally, he requests issuance of the Bronze Star Medal set.

2.  The applicant states there is a big difference between heroism and meritorious achievement.  He states he served in military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist) and was on the ground with the 25th Infantry Division in the jungles of Vietnam where he chased and was in daily contact with the enemy.

3.  The applicant provides a photocopied printout of what he contends is a morning report from Charlie Troop, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division, and a letter from the Department of Veterans Affairs (VA), dated 30 March 2012.

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 enlisted in the Regular Army on 30 November 1966.  He completed training and was awarded MOS 72C (Switchboard Operator).  He served in the Republic of Vietnam from on or about 28 April 1967 to on or about 21 October 1968.  He was released from active duty on 23 October 1968 and transferred to the U.S. Army Reserve.

3.  On 18 June 1970, he enlisted in the Regular Army and was awarded MOS 11D.

4.  He served a second tour of duty in the Republic of Vietnam from on or about 11 July 1970 to on or about 11 July 1971.

5.  General Orders Number 10704 issued by Headquarters, 25th Infantry Division, dated 31 October 1970, awarded him the Bronze Star Medal for meritorious achievement during the period 1 September 1970 to 31 October 1970.

6.  On 9 June 1972, he was honorably discharged.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 11 months, and 22 days of net service during this period and 3 years, 10 months, and 16 days of total active service.  The highest rank/grade he attained while serving on active duty was specialist four/E-4.  Additionally, his DD Form 214 shows he was awarded the:

* Bronze Star Medal
* Air Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

7.  His record is void of any documentation that shows he was awarded a Bronze Star Medal for heroism.

8.  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 orders for the Bronze Star Medal with "V" Device for the applicant.  However, it does show he was awarded the Bronze Star Medal for meritorious achievement by General Orders Number 10704 issued by Headquarters, 25th Infantry Division, dated 31 October 1970.

9.  He provides a photocopied printout of what he contends is a morning report from Charlie Troop, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division.  This document is not a DA Form 1 (Morning Report) – it is merely a list of names of Soldiers below a quote from General William Westmoreland.  There is an image of a Bronze Star Medal with "V" Device in the left margin and the words "Bronze Star for Heroism" appear to its right.  No official orders number appear on this document.

10.  He further provides a letter from the VA, dated 30 March 2012, which shows he was awarded service-connected disability from the VA.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 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.

	b.  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.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals.

12.  Title 10, U.S. Code, section 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.

13.  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 applicant contends his Bronze Star Medal should have been awarded for heroism instead of meritorious achievement.  The evidence of record does not support his contention.  General orders show he was awarded the Bronze Star Medal for meritorious achievement and his record is void of any documentation the supports a different narrative.

2.  Nevertheless, while the available evidence is insufficient to correct his records to show he received the Bronze Star Medal with "V" Device for heroism, 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 Title 10, U.S. Code, section 1130.

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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20120009100



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