BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120010315
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 (BSM) with "V" Device.
2. The applicant states a general officer presented him with the BSM and it has the "V" device on it. The general officer assured him his records would be "upgraded" to reflect this award.
3. The applicant provides a copy of his DD Form 214.
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 complete military records covering his active duty service during the period 21 August 1969 to 24 June 1971 are not available.
3. His DD Form 214 shows he was ordered to active duty from the U.S. Army Reserve on 21 August 1969. He served as a highway transportation officer in Vietnam from 4 September 1970 to 20 June 1971. On 24 July 1971, he was released from active duty in the rank of first lieutenant.
4. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Army Commendation Medal
* BSM
5. There are no orders for the BSM with "V" Device in the available records.
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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal BSM with "V" Device orders pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) states the BSM 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.
8. Army Regulation 600-8-22 states the bronze "V" device indicates acts of heroism (valor) involving conflict with an armed enemy and authorizes the device in conjunction with award of the BSM.
DISCUSSION AND CONCLUSIONS:
Although the applicant contends he was presented the BSM with "V" Device, there are no orders for the BSM with "V" Device in the available records. Therefore, there is insufficient evidence on which to base amending his DD Form 214 to show he was awarded the BSM with "V" Device instead of the BSM.
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) AR20120010315
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ABCMR Record of Proceedings (cont) AR20120010315
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