BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011513 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 BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011513 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160011513 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 Army Commendation Medal with "V" Device. 2. The applicant states he was involved in a military operation with his squad on 11 September 1968 in Vietnam. For this battle, he was awarded the Army Commendation Medal with "V" Device. He was given this medal while hospitalized at Fort Meade, Maryland. 3. The applicant provides: * DD Form 214 * eyewitness statement by a fellow Soldier, dated 16 June 2016, and his Army Commendation Medal with "V" Device orders 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 4 December 1967. He served as an infantryman in Vietnam from 28 May 1968 until he was wounded in action on 15 September 1968. 3. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Army Commendation Medal with "V" Device. 4. On 13 February 1969, he retired by reason of temporary disability. He was placed on the Temporary Disability Retired List the following day. 5. His DD Form 214 does not show the Army Commendation Medal with "V" Device as an authorized award. 6. There are no orders for the Army Commendation Medal with "V" Device in the available records. 7. 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 Army Commendation Medal with "V" Device orders pertaining to the applicant. 8. He provided an eyewitness statement from a fellow Soldier, dated 16 June 2016, stating he was the squad leader in charge of an ambush patrol on 11 September 1968 in Vietnam. He was in charge of approximately 12 men and the applicant was the point man. The fellow Soldier provided a copy of his Army Commendation Medal with "V" Device orders for heroism on 11 September 1968. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required. DISCUSSION: 1. The applicant contends he was awarded the Army Commendation Medal with "V" Device for a battle on 11 September 1968 in Vietnam. However, there are no orders for award of the Army Commendation Medal with "V" Device in his available records and the Awards and Decorations Computer-Assisted Retrieval System does not contain a copy of any orders awarding him the Army Commendation Medal with "V" Device. 2. The applicant’s sincerity is not in doubt. However, the Army Commendation Medal with “V” Device is a personnel award, and as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011513 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011513 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2