IN THE CASE OF: 

		BOARD DATE:	    8 January 2013

		DOCKET NUMBER:  AR20120010215 


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 award of the Bronze Star Medal with "V" device.

2.  The applicant states the official paperwork wasn't processed at the time of his discharge and was never reflected in his records.

3.  The applicant provides:

* a letter, dated 21 November 1970, from the Assistant 1st Cavalry Division (Airmobile) Commander addressed to his parents
* three photographs

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.  He was inducted into the Army of the United States on 13 February 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist).

3.  He served in the Republic of Vietnam from 16 January 1970 to 4 December 1970.  He was assigned to the:

* 3rd Battalion, 7th Infantry from 2 February to 25 September 1970
* 2nd battalion (Airmobile), 12th Cavalry from 26 September to 4 December 1970

4.  Headquarters, 7th Cavalry Division (Airmobile) General Orders Number 20671, dated 28 November 1970, awarded him the Bronze Star Medal for meritorious service during the period January 1970 to January 1971.

5.  There are no orders in his Military Personnel Records Jacket awarding him the Bronze Star Medal with "V" device.

6.  On 9 December 1970, he was released from active duty.  He completed 
1 year, 9 months, and 27 days of active service that was characterized as honorable.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Bronze Star Medal.  However, it does not show he was awarded the Bronze Star Medal with "V" device.

7.  He provided a letter, dated 21 November 1970, from the Assistant 1st Cavalry Division (Airmobile) Commander in which he informed his parents he had presented their son the Bronze Star Medal for valor.  There was no date of action indicated and no orders were attached to this letter.

8.  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 United States Army Human Resources Command, failed to reveal any orders awarding him the Bronze Star Medal with "V" device.

9.  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.  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 award of the Bronze Star Medal.  

10.  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.

11.  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 letter, dated 21 November 1970, to his parents is closely dated to the actual order for the award of the Bronze Star Medal, 28 November 1970.  It appears the letter to his parents may have been a precursor of the actual award based on the visit of the assistant division commander.

2.  There are no orders available showing he was awarded the Bronze Star Medal with "V" device.  The awards regulation states approval through the chain of command and announcement in orders are required for award of the Bronze Star Medal with "V" device.

3.  In the absence of orders, the available evidence is insufficient for awarding him the Bronze Star Medal with "V" device.  

4.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal with "V" device, this in no way affects the applicant’s 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.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action 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.





      _______ _ 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)                                         AR20120010215



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ABCMR Record of Proceedings (cont)                                         AR20120010215



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