IN THE CASE OF:	  

		BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140001360 


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 reconsideration of his request to be awarded the Air Medal.  As a new issue, he requests that he be awarded the Bronze Star Medal (BSM) with “V” Device.

2.  The applicant states, in effect, he believes that he should have been awarded the Air Medal and BSM with “V” Device because another member with whom he served received those awards.  He believes his paperwork was lost.

3.  The applicant provides a two-page letter from his former platoon leader in Vietnam and copies of orders awarding the other member of his unit the Air Medal and BSM with “V” Device. 

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 previous request for award of the Air Medal was considered and denied by the ABCMR on 8 January 2013 primarily because there were no flight records in his official file.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  The applicant’s current request was received by the Board on 13 January 2014.  Accordingly, it will not be considered or discussed further in these proceedings.

3.  The applicant was inducted into the Army of the United States on
13 September 1967.  He completed his training as an infantryman and was transferred to Vietnam for assignment to Company D, 2nd Battalion, 8th Cavalry Regiment.  The applicant was wounded on 25 May and 28 June 1968 and was medically evacuated from Vietnam.

4.  On 12 September 1969, he was honorably released from active duty (REFRAD).  He had served 2 years of total active service and his DD Form 214 as amended shows that he was awarded the:

* National Defense Service Medal
* Combat Infantryman Badge
* Army Commendation Medal with “V” Device
* Purple Heart wit 1 oak leave cluster
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

5.  The applicant has not provided and the available records do not contain any evidence showing that he was awarded the BSM with "V" Device.

6.  The statement from his platoon leader indicates that the applicant should have been awarded the BSM with “V” Device and the Air Medal.

7.   Title 10 U.S. Code, section 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.

8.  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 applicant’s contentions and supporting documents have been carefully considered.

2.  Although the applicant has provided a statement from his former platoon leader indicating that the applicant deserves the awards he is seeking, there is insufficient evidence to grant his request for those awards.

3.  While the available evidence is insufficient for awarding the applicant a BSM, this in no way affects his right to pursue his claim for the BSM with ”V” Device (or the Air Medal) by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 130.

4.  Accordingly, there appears to be no basis to grant his request.

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)                                         AR20140001360





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ABCMR Record of Proceedings (cont)                                         AR20140001360



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