IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120020131
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that his award of the Bronze Star Medal (BSM) has a V Device.
2. The applicant states that his DD Form 214 fails to show the V Device on his award of the BSM, which was awarded for combat.
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 entered active duty as a U.S. Army Reserve fixed-wing aviator on 25 February 1966. He held the rank of captain when he was transferred to Vietnam. He was assigned to the 183rd Reconnaissance Airplane Company.
3. On 19 March 1968, General Orders Number 1536, issued by Headquarters, 1st Aviation Brigade awarded the applicant the BSM for meritorious service in connection with military operations against a hostile force for the period May 1967 to March 1968.
4. His records are void of any additional orders awarding him the BSM with "V" Device for heroism.
5. He was honorably released from active duty (REFRAD) on 24 February 1969. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), BSM, Distinguished Flying Cross, Silver Star, and the Air Medal (AM) with V Device (27th Oak Leaf Cluster).
6. 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.
7. Army Regulation 600-8-22 states 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 (ARCOM), AM, and BSM. Although more than one award of the ARCOM, AM, or the BSM may be made for heroism to the same person, only one V Device may be worn on awards of these medals.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his BSM should reflect a V Device because it was awarded for combat has been noted.
2. There is no provision that allows for the V Device to be added to the BSM simply because it was awarded for service in a combat zone (imminent danger area).
3. The V Device is awarded for acts of heroism and such awards are indicated in the orders that are published for the award. It is possible the BSM with V Device was an interim award pending approval of either of his other heroism awards, but if so then it would have been revoked upon approval of the higher award. However, his record is absent orders indicating he was awarded the BSM with "V" Device for any reason and he has not provided any such orders.
4. In the applicants case, he was awarded the BSM for meritorious service and not an act of heroism and therefore is not entitled to have a V Device added to his award of the BSM at this time.
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 the United States during the Vietnam War. 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) AR20120020131
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ABCMR Record of Proceedings (cont) AR20120020131
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