BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140012261
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of a Bronze Star Medal with "V" Device, awarded during his service in Vietnam.
2. The applicant states he wishes this to be a part of his record when he dies.
3. The applicant provides a photograph taken when he received the Bronze Star Medal. On the back is a note which states:
[Major General FCW], 25th Infantry Division Commander, pins the Bronze Star with "V" Device on specialist four [applicant] for heroism in action. [Applicant]'s company, Company A, 1st Battalion, 27th Infantry, was hit by two companies of hard-core Vietcong the day before the awards ceremony.
20 July 1966
photo by [photographer]
125th Signal Battalion
96225
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 was inducted into the Army of the United States on 3 May 1965. Following initial training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade held while on active duty was sergeant/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 4 October 1965 to 20 September 1966. His DA Form 20 also shows, while in Vietnam, he was assigned to Company A, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division.
4. He was honorably released from active duty on 2 May 1967. His DD Form 214 shows he completed 2 years of total creditable active service. He was awarded or authorized:
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
5. A review of several sources which would typically show awards such as the Bronze Star Medal failed to confirm the applicant received a Bronze Star Medal with "V" Device.
a. His service records do not contain orders awarding him the Bronze Star Medal with "V" Device and the applicant did not provide any orders.
b. 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.
c. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the applicant the Bronze Star Medal with "V" Device.
6. Army Regulation 600-8-22 (Military Awards) prescribes policy and procedures for military awards. It states:
a. 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.
b. The "V" Device is worn to denote participation in acts of heroism involving conflict with an armed enemy.
DISCUSSION AND CONCLUSIONS:
1. A thorough review of available records was unable to confirm the applicant was awarded a Bronze Star Medal with "V" Device.
2. Award of the Bronze Star Medal with "V" Device requires a formal recommendation, approval through the chain of command, and announcement in orders. The applicant's records do not contain and he does not provide supporting evidence, such as orders, that show he was awarded the Bronze Star Medal with "V" Device. Consequently, the requested relief cannot be granted. Should he be able to provide verifying documentation within 1 year of the date of the Board's decision, his application can be reconsidered.
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 this action in no way diminishes the sacrifices he made in service to our Nation. 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) AR20140012261
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ABCMR Record of Proceedings (cont) AR20140012261
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