IN THE CASE OF: 

		BOARD DATE: 13 December 2023

		DOCKET NUMBER: AR20230005615


APPLICANT REQUESTS:

*	correction of his DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) to reflect award of the Bronze Star Medal with “V” device
*	personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Operational Summary, dated 4 – 10 October, year unspecified
*	DA Form 759 (Individual Flight Record and Flight Certificate – Army (Part I), 
covering the period September 1970 – January 1971
*	DA Form 759-1 (Individual Flight Record and Flight Certificate – Army (Part II), 
covering the period September 1970 – January 1971
*	DD Form 214

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states:

     a.  He is asking that the Bronze Star Medal with “V” device be added to his 
DD Form 214. He is attaching an operational summary that shows he was to be put in 
for a Bronze Star Medal with “V” device, due to the fact that they took enemy fire. 

     b.  He is also attaching a copy of his DD Form 214, which does not show it has been 
awarded. He feels this may have been an oversight due to the wartime circumstances.

3.  The applicant was inducted into the Army of the United States on 9 July 1969 and 
was awarded the Military Occupational Specialty (MOS) 67U (CH27 Helicopter 
Repairman).

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows the following:

     a.  The applicant served in Vietnam from 6 February 1970 through 9 February 1971, 
where he was assigned to the 179th Aviation Company and served in his MOS as a 
Helicopter Repairman. 

     b.  Item 41 (Awards and Decorations) does not reflect award of the Bronze Star 
Medal with “V” device.

5.  The applicant provided an Operational Summary dated 4 – 10 October, with the year 
unspecified and an informal unit name of “Shrimpboat” in the title. Of note, an internet 
search reveals the 179th Aviation Company called itself “Shrimp Boats” during the 
Vietnam War. 

     a.  The Flight Notes section of the summary shows two pilots are in for Distinguished 
Flying Crosses and the crew members, the applicant being one of the named crew 
members, were being put in for the Bronze Star Medal with “V” device. 

     b.  The crew of the 853 reacted calmly during their episode. Colonel C____, 
4th Division Chemical Officer, asked one of the crew members if they were going down, 
and the response was “Yea, man. Dig it.”

6.  The applicant provided a DA Form 759 and DA Form 759-1, detailing his individual 
flight record status between the dates of September 1970 and January 1971. It reflects 
the following:

*	the applicant was a non-aviator crewmember/gunner during that period
*	he had recorded flight time in a CH47C (Chinook helicopter) on 2, 5, 6, 7 
October, with those dates including the mission symbol C (Combat)

7.  The applicant’s DD Form 214 shows the following:

     a.  He was honorably released from active duty on 8 February 1971 and transferred 
to the U.S. Army Reserve (USAR) Control Group (Annual Training).

     b.  He was credited with 1 year and 7 months of net active service with 1 year and 
2 months of foreign service in Vietnam.

     c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized) does not reflect award of the Bronze Star 
Medal with “V” device.

8.  USAR Components Personnel and Administration Center Letter Orders Number 
06-1181607, dated 25 June 1975, honorably discharged the applicant from the USAR 
Control Group due to expiration term of service.

9.  A review of the applicant’s service records reveals they do not contain a 
recommendation for award of the Bronze Star Medal or orders awarding him the Bronze 
Star Medal with or without “V” device.

10.  The applicant’s service records contain a DD Form 215 (Correction to DD Form 
214), which shows on 19 December 2006, the U.S. Army Human Resources Command 
(AHRC), Military Awards Branch, amended his item 24 of his DD Form 214 covering the 
period ending 8 February 1971, as follows:

       a.  The Vietnam Service Medal and Army Commendation Medal were deleted.

       b.  The following were added:

*	Vietnam Service Medal with 3 Bronze Service Star
*	Army Commendation Medal with 1 Bronze Oak Leaf Cluster
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Republic of Vietnam Civil Actions Honor Medal Unit Citation

11.  A review of the Awards and Decorations Computer Assisted Retrieval System 
(ADCARS) maintained by the AHRC Military Awards Branch, an index of general orders 
issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for 
the BSM or BSM with V device pertaining to the applicant.

BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that partial relief was warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation. Upon review of the applicant’s petition and available military records, the 
Board determined the record is absent sufficient evidence showing any 
recommendation or orders awarding the applicant the Bronze Star with V Device while 
serving in the 179th Aviation Company. The Board concluded the burden of proof rests 
with the individual concerned to provide evidence of a clear and convincing nature with 
documentation to support the applicant’s request for the award. 
2.  Furthermore, the Board determined the applicant's service record did not reflect he 
was awarded the Army Good Conduct Medal (AGCM) and his record shows he 
received "excellent" conduct and efficiency ratings throughout his service. Based on this 
the Board granted partial relief to award the Army Good Conduct Medal.

3.  The applicant’s request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision.  As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

xx	xx	xx	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


?
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 awarding 
him the Army Good Conduct Medal (1st Award) for exemplary service from 9 July 1969  
to 8 February 1971 and adding the medal to his DD Form 214 for the period ending 8 
February 1971.

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 correction of his DD Form 214 to reflect award of the 
Bronze Star Medal with “V” device. 


	 
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.


REFERENCES:

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 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.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards. 

     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 bronze “V” device in conjunction with awards of the Army 
Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than 
one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal 
may be made for heroism to the same person, only one “V” device may be worn on 
awards of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal.

3.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) 
prescribes the policies and procedures for correction of military records by the Secretary 
of the Army acting through the ABCMR. Paragraph 2-11 states applicants do not have a 
right to a formal hearing before the ABCMR. The Director or the ABCMR may grant a 
formal hearing whenever justice requires.

4.  Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army 
policy, criteria, and administrative instructions concerning individual and unit military 
awards. Paragraph 1-14 of this regulation states, except for award recommendations 
submitted in accordance with the provisions of Section 1130, Title 10, United States 
Code (10 USC 1130), which is outlined below, each recommendation for an award of a 
military decoration must be entered administratively into military channels within 2 years 
of the act, achievement, or service to be honored. An award recommendation will be 
considered to have been submitted into military channels when it has been signed by 
the initiating officer and endorsed by a higher official in the chain of command.  
However, pursuant to 10 USC 1130, a Member of Congress can request consideration 
of a proposal for the award or presentation of decoration either for an individual or unit 
that is not otherwise authorized to be presented or awarded due to limitations 
established by law or policy. Based upon such review, the Secretary of the Army will 
make a determination as to the merit of approving the award or presentation of the 
decoration and other determinations necessary to comply with congressional reporting 
requirements under 10 USC 1130. 

	a.  Title 10 USC 1130 allows the Service Secretary concerned to review a proposal 
for the award of, or upgrading of, a decoration that is otherwise precluded from 
consideration by limitations established by law or policy. In order to request an award 
under Title 10 USC 1130, an applicant must submit a DA Form 638 (Recommendation 
for Award).  The DA Form 638 should clearly identify his/her unit, the period of 
assignment, and the award being recommended. A narrative of the actions or period for 
which he/she is requesting recognition must accompany the DA Form 638.  In addition, 
the award request should be supported by sworn affidavits, eyewitness statements, 
certificates and related documents. Corroborating evidence is best provided by 
commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) 
knowledge of the circumstances and events relative to the request.

	b.  Title 10 USC 1130 also requires that a request of this nature be referred to the 
Service Secretary from a Member of Congress. Therefore, an applicant must submit 
his/her request through a Member of Congress who will send it to the U.S. Army Human 
Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort 
Knox, KY 40122. The burden and costs for researching and assembling documentation 
to support approval of requested awards and decorations rest with the requestor. As 
such, the issue of the Silver Star will not be further considered in this Record of 
Proceedings.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230005615


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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