IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150011095 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150011095 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Legion of Merit to his DD Form 214 for the period ending 28 February 1993. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Bronze Star Medal with "V" Device (2nd OLC). ______________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. IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150011095 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 (Certificate of Release or Discharge from Active Duty) to show award of the Legion of Merit and the "V" Device for wear with his previously awarded Bronze Star Medal (2nd Oak Leaf Cluster (OLC)). 2. The applicant states, in effect, the Commanding General, 101st Airborne Division, awarded him the Legion of Merit prior to his departure on transition leave; he did not receive the official orders at that time. His unit forwarded him the official orders after his final outprocessing; therefore, his DD Form 214 does not reflect his Legion of Merit. 3. Additionally, his DD Form 214 does not list the "V" Device for wear with his previously awarded Bronze Star Medal (2nd OLC); however, his DA Forms 2-1 (Personnel Qualification Record) clearly show the Bronze Star Medal with "V" Device (2nd OLC). 4. The applicant provides: * Permanent Orders 7-159, dated 19 January 1993 * Legion of Merit Certificate, dated 19 January 1993 * two pages from two different DA Forms 2-1 * DD Form 214 for the period ending 28 February 1993 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 previous enlisted service, the applicant entered the Regular Army as a warrant officer. He progressed through the ranks to chief warrant officer four (CW4). 3. General Orders (GO) Number 9047, issued by Headquarters, 101st Airborne Division, dated 5 November 1968, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period 1 January to 31 August 1968. 4. GO Number 128-010, issued by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY, dated 8 May 1991, awarded him the Bronze Star Medal for meritorious achievement for the period 17 January to 19 March 1991. 5. Permanent Orders (PO) 7-159, issued by Headquarters, XVIII Airborne Corps, Fort Bragg, NC, on 19 January 1993, awarded him the Legion of Merit for the period 1 January 1967 to 1 February 1993. 6. The applicant provides two separate, undated, DA Forms 2-1. Item 9 (Awards, Decorations and Campaigns) of each document contains an entry noting award of the Bronze Star Medal with "V" Device (2nd OLC); however, his record does not contain and he has not provided official orders awarding him the "V" Device for wear with his previously awarded Bronze Star Medal or a third award of the Bronze Star Medal. 7. The applicant was honorably retired on 28 February 1993. His DD Form 214 lists the following awards: * Bronze Star Medal (2nd OLC) * Meritorious Service Medal (1st OLC) * Air Medal * Army Commendation Medal (3rd OLC) * Army Achievement Medal * Purple Heart (2nd Award) * Southwest Asia Service Medal with 2 bronze service stars * Army Good Conduct Medal * National Defense Service Medal with 1 bronze service star * Vietnam Service Medal with 3 bronze service stars * Army Service Ribbon * Overseas Service Ribbon with Numeral 2 * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device 1960 * Kuwait Liberation Medal * Combat Infantryman Badge * Parachutist Badge * Master Army Aviator Badge 8. 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, failed to reveal orders for the Bronze Star Medal with "V" Device pertaining to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) 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 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, Air Medal, and Bronze Star Medal. DISCUSSION: 1. PO awarded the applicant the Legion of Merit for the period 1 January 1967 to 1 February 1993; however, his DD Form 214 does not reflect this award. 2. His record contains two awards of the Bronze Star Medal, although his DD Form 214 indicates he received two OLCs denoting three awards. Nevertheless, one medal was for meritorious achievement and one medal was for meritorious service. Neither order indicates he received the medal for an act (or acts) of heroism. 3. The applicant’s sincerity and service is not in question; however, as with all personal decorations (to include award of the Bronze Star Medal with "V" Device), formal recommendations, approval through the chain of command, and announcement in orders are required. His record does not contain official orders awarding him the "V" Device for wear on his already awarded Bronze Star Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011095 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011095 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2