IN THE CASE OF:
BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140002544
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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 15 November 1969:
* Silver Star
* Bronze Star Medal with "V" device
* Purple Heart with First Oak Leaf Cluster
2. The applicant states he was awarded these medals and they are not on his DD Form 214.
3. The applicant provides his DD Form 214 with an effective date of
15 November 1969.
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 Military Personnel Records Jacket (MPRJ) contains a
DD Form 215 (Correction to DD Form 214) dated 27 May 1970. This form added the Silver Star and the Purple Heart with First Oak Leaf Cluster to his
DD Form 214 with an effective date of 15 November 1969. Therefore, these two awards will not be discussed further in these Proceedings. A copy of the DD Form 215 will be provided to him.
3. On 11 April 1968, he was inducted into the Army of the United States.
4. He was assigned to Company D, 4th Battalion, 23rd Infantry in the Republic of Vietnam from 13 October 1968 to 10 November 1969.
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. There are no recommendations for the Bronze Star Medal with "V" device in his MPRJ. There are no orders in his MPRJ awarding him the Bronze Star Medal with "V" device.
6. On 15 November 1969, he was released from active duty. His DD Form 214 does not show he was awarded the Bronze Star Medal with "V" device.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations 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.
DISCUSSION AND CONCLUSIONS:
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. A review of ADCARS failed to reveal orders awarding him the Bronze Star Medal with "V" device. Therefore, without sustantative evidence showing he was awarded the Bronze Star Medal with "V" device this award should not be added to his DD Form 214.
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) AR20140002544
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ABCMR Record of Proceedings (cont) AR20140002544
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