IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130011483
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 with "V" Device. He also requests correction of his social security number (SSN) shown on the certificate and citation for award of the Bronze Star Medal with "V" Device.
2. The applicant states his SSN was incorrectly recorded on the certificate and citation for award of the Bronze Star Medal with "V" Device.
3. The applicant provides his Bronze Star Medal with "V" Device Certificate and Citation, DD Form 214, and DD Form 215 (Correction to 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 enlisted in the Regular Army on 22 April 1966. All documents completed during his military service show his SSN as XXX-XX-5896.
3. The applicant's DD Form 214 shows he was honorably released from active duty on 26 August 1969. He completed 3 years, 4 months, and 5 days of total active service. Item 3 (SSN) of his DD Form 214 shows his SSN as
XXX-XX-5896.
4. His DD Form 214 does not show award of the Bronze Star Medal with "V" Device.
5. The applicant's records contain a DD Form 215 which also does not show award of the Bronze Star Medal with "V" Device.
6. There are no orders in the available records which show the applicant was awarded the Bronze Star Medal with "V" Device.
7. The applicant's records contain a letter from the U.S. Army Human Resource Command, dated 15 October 2012, which informed him that there was no basis to add the Bronze Star Medal with "V" Device based on the certificate and citation alone. The applicant was further informed that he needed to provide orders to amend his records as requested.
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, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have the certificate and citation for award of the Bronze Star Medal with "V" Device amended to show his SSN was carefully considered and determined to lack sufficient evidence to support this request.
2. The certificate and citation for award of the Bronze Star Medal with "V" Device are not supported by corresponding orders showing the applicant was, in fact, awarded the Bronze Star Medal with "V" Device.
3. Absent such evidence, there is no basis to grant the relief requested at this time.
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) AR20130011483
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ABCMR Record of Proceedings (cont) AR20130011483
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