IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140016941
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 (BSM) with "V" device.
2. He states he earned the BSM with "V" device for his actions on 12 May 1968. He explains that his unit was overrun and they held the airfield for three days and three nights. He states his unit was ordered to retreat and they were given the medal.
3. He does not provide any additional evidence.
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 1 September 1967. He served in the Republic of Vietnam from 9 February 1968 to 8 February 1969. He completed 3 years of total active service and was honorably released from active duty on 31 August 1970.
3. His DD Form 214 does not show award of the BSM with "V" device.
4. There is no entry on his DA Form 20 (Enlisted Qualification Record) showing he was awarded the BSM with "V" device.
5. 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 U.S. Army Human Resources Command, Military Awards Branch, failed to reveal any orders awarding him the BSM with "V" device.
6. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War. This regulation stated the BSM may have been awarded for heroism, meritorious achievement, or meritorious service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy, including combat, support, and supply operations. 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 (Military Awards) states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the BSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show award of the BSM with "V" device was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, the BSM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders. The applicant's record, to include ADCARS, is void of any documents or orders indicating he was ever recommended for or awarded the BSM with "V" device by proper authority during his active duty tenure.
3. Absent any evidence of record confirming award of the BSM with "V" device, there is an insufficient evidentiary basis to support adding this award 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) AR20140016941
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ABCMR Record of Proceedings (cont) AR20140016941
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