IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150008190 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150008190 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. Enclosure 1 IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150008190 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 the Bronze Star Medal (BSM) with "V" Device. 2. The applicant states the BSM listed on his DD Form 214 should be corrected to the BSM with "V" Device. 3. The applicant provides copies of his DD Form 214 and BSM Certificate and Citation. 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 14 March 1968. He was discharged on 21 March 1968 for the purpose of immediate enlistment in the Regular Army. He enlisted in the Regular Army on 22 March 1968. After completing his initial entry training, he was awarded military occupational specialty 54D (Equipment Repairman). 3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 12 October 1986 to 31 October 1969. During this period he was assigned to Headquarters, 25th Infantry Division. 4. General Orders Number 9979, issued by Headquarters, 25th Infantry on 2 August 1969, awarded him the BSM for meritorious service from 1968 to 1969. 5. He was honorably released from active duty on 19 March 1971. His DD Form 214 for this period shows he completed 3 years and 6 days of active service. It also shows he was awarded or authorized the following: * Bronze Star Medal * National Defense Service Medal * Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge (M-16) * Sharpshooter Marksmanship Qualification Badge (M-14) * 2 overseas service bars 6. His official military personnel file (OMPF) does not contain orders that awarded him the BSM with "V" Device or any other evidence that indicates such orders were published. 7. He provides a BSM Certificate and Citation, which indicate he was awarded the BSM for meritorious achievement during the period October 1968 to October 1969. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism, 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. The regulation also 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 BSM. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show the BSM with "V" Device was carefully considered. 2. The applicant provides copies of his BSM Certificate and Citation, which show he was awarded the BSM. The evidence of record confirms this award and it is properly reflected on his DD Form 214. However, there is no evidence and the applicant provides no evidence that shows he was recommended for or awarded the BSM with "V" Device for heroism in Vietnam. 3. The applicant is advised that if he has a copy of the orders that awarded him the BSM with "V" Device, or official documentation confirming that such orders were published, he may submit a request for reconsideration. If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature. // Nothing Follows // ABCMR Record of Proceedings AR20150008190 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008190 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2