IN THE CASE OF: BOARD DATE: 10 July 2012 DOCKET NUMBER: AR20120001107 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 change his "Bronze Star Medal (BSM)" to "BSM with "V" Device. 2. The applicant states his DD Form 214 stated he received a BSM; however, he actually received a BSM with "V" Device for valor. The personnel who issued his DD Form 214 did not enter the award properly. 3. The applicant did not provide additional supporting 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. After having had prior enlisted service, the applicant was appointed as a Reserve warrant officer on 21 March 1968 and held the specialty 100B0 (Rotary Wing Pilot). He served in a variety of stateside or overseas assignments, including Vietnam from 13 April 1968 to 11 April 1969. The highest grade he achieved on active duty was chief warrant officer two/W-2. 3. General Orders (GOs) Number 157, issued by Headquarters, 18th Engineer Brigade, on 19 March 1969, awarded him the BSM for meritorious service during the period of 13 April 1968 to 12 April 1969. 4. His DA Form 66 (Officer Qualification Record) shows he was awarded the BSM. 5. There is no evidence of record showing he was awarded the BSM with "V" Device. 6. He was discharged under honorable conditions on 31 October 1969. His DD Form 214 shows he received the BSM. 7. 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, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. The "V" device is a bronze block letter, V. It is worn to denote participation in acts of heroism involving conflict with an armed enemy. It is worn on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor). As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION AND CONCLUSIONS: There is no evidence of record nor has the applicant provided evidence to show he received the BSM with "V" Device. While GOs, his DA Form 66, and DD Form 214 all show he was awarded the BSM, none of these documents indicate that the BSM was awarded with a "V" Device. Unfortunately, there is insufficient evidence to support granting his requested relief. 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) AR20120001107 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120001107 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1