BOARD DATE:	  12 September 2013

		DOCKET NUMBER:  AR20130002797 


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, in effect, award of the Bronze Star Medal with "V" Device.

2.  The applicant states he was assigned to an infantry unit in a temporary duty (TDY) status when he was wounded.  He was evacuated and was not able to return to duty with the same unit.  The Commander, D Company, 4th Battalion, 503rd Infantry, 173rd Airborne stated that he was recommending him for a Bronze Star Medal for valor for action he was involved in during the battle with North Vietnamese troops in Dinh Binh Province on 3 April 1971.

3.  The applicant provides:

* orders awarding him the Purple Heart
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 

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.  Prior to the period of service under review the applicant completed 
9 months of Regular Army (RA) service from 28 February to 27 November 1969. He was discharged for immediate reenlistment.

3.  On 28 November 1969, he reenlisted in the RA and he was honorably released from active duty on 28 November 1972.  His DD Form 214 shows he served in the Republic of Vietnam from 13 January 1970 through 2 August 1971. The available evidence also shows he was assigned to the 173rd Engineer Company, 173rd Airborne Brigade in the Republic of Vietnam from 26 January 1970 to 20 July 1971.

4.  There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Bronze Star Medal with "V" Device.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Bronze Star Medal with "V" Device.

6.  The orders he provided awarding him the Purple Heart show he was wounded on 3 April 1971 and list his unit is listed as the 173rd Engineer Company, 173rd Airborne Brigade.

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

8.  Army Regulation 600-8-22 (Military Awards) states 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.  A "V" Device is worn to denote participation in acts of heroism involving conflict with an armed enemy.

9.  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.

10.  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.  There is no evidence the applicant was TDY to D Company, 4th Battalion 503rd Infantry.  However, this in and of itself does not mean he would not be eligible for award of the Bronze Star Medal with "V" Device.

2.  His DA Form 20 does not indicate he was awarded the Bronze Star Medal with "V" Device. There is no evidence in his MPRJ and he has not provided any substantive evidence that shows he was recommended for or awarded the Bronze Star Medal with "V" Device.  

3.  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:

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)                                         AR20130002797



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ABCMR Record of Proceedings (cont)                                         AR20130002797



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