IN THE CASE OF:	   

		BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140015044 


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 award of the Bronze Star Medal with "V" Device.

2.  The applicant states sometime in the later part of 1968, as his unit was setting up a defensive position for the night, one of the artillery rounds that were going over their heads landed short and directly into a neighboring squad.  Only a few of the squad members were still alive.  A sergeant told him and others to clear a spot so the helicopters could come in to take the wounded to the hospital.  However, one of the other engineers in his unit had set up a C-4 charge that did not explode and he would not go near it to determine the problem.  The applicant went instead and discovered that the blasting cap had not been properly crimped, so he fixed the problem and reset the charge.  As a result, they were able to get all of the wounded out of the area.  The next morning the sergeant told him he would receive the Bronze Star Medal with "V" Device.  As time passed, the sergeant and other command officers went home but he never received the medal or an explanation why.  He has a feeling the paperwork was never filed.

3.  The applicant provides a self-authored statement.

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 12 January 1968, held military occupational specialty 12B (Combat Engineer), and attained the rank/grade of specialist four (SP4)/E-4.  Additionally, he served in Vietnam from 
2 June 1968 to 13 August 1969. 

3.  His record does not contain documentation that shows he was recommended for or awarded the Bronze Star Medal with "V" Device.

4.  He was honorably released from active duty on 17 August 1969.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the Bronze Star Medal; however, it does not show he was awarded the Bronze Star Medal with "V" Device.

5.  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 U.S. Army Human Resources Command (HRC), failed to reveal any orders for the Bronze Star Medal with "V" Device.

6.  Army Regulation 600-8-22, paragraph 3-14, states the BSM 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.

7.  Army Regulation 600-8-22, paragraph 6-5, states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the BSM.  The "V" device must be approved by the proper authority and announced in official orders.

8.  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.

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, HRC (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 in the available records that show the applicant was awarded the Bronze Star Medal with "V" Device.  The governing Army regulation states that for personal decorations (including the Bronze Star Medal) formal recommendation, approval through the chain of command and announcement of orders are required.  In the absence of orders, or records showing his chain of command decided to approve this award, there is insufficient evidence to correct his records to show this award. 

2.  Nevertheless, while the available evidence is insufficient to correct his records to show he was awarded the Bronze Star Medal with "V" Device for heroism, this in no way affects his right to pursue his claim for the Bronze Star Medal with "V" Device by submitting a request to HRC through his Member of Congress under the provisions of Title 10, U.S. Code, section 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)                                         AR20140015044



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ABCMR Record of Proceedings (cont)                                         AR20140015044



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