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Decision Text

ARMY | BCMR | CY1990-1993 | 9105455
Original file (9105455.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That he be awarded the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal and the Purple Heart for service in Vietnam.
APPLICANT STATES : That he never received any of the above medals.

 EVIDENCE OF RECORD : The applicant's military records show:

He enlisted in the Regular Army for 3 years on 27 February 1971. After training as a light weapons infantryman, he was assigned to Vietnam on 9 August 1971. On 17 September 1971 he was injured in a booby trap explosion and evacuated to the States. On 9 March 1972 he was honorably discharged and permanently retired by reason of physical disability.

His DD Form 214, Report of Transfer or Discharge, reflects his awards at the time as the National Defense Service Medal, the Vietnam Service Medal and the Sharpshooter Badge with rifle bar.

Based on the applicant’s request, the US Total Army Personnel Command (PERSCOM) reviewed his records and in an advisory opinion (COPY ATTACHED), determined that the applicant was entitled to the Purple Heart, as well as the Combat Infantryman Badge, the Good Conduct Medal, the Vietnam Campaign Medal and the Vietnam Gallantry Cross Unit award. (The National Defense Service Medal and the Vietnam Service Medal were already listed on his DD Form 214.) No evidence was found that he was authorized the Bronze Star Medal.

The available records contain no documentation to indicate that he was awarded the Bronze Star Medal, or that a recommendation for the Bronze Star Medal was ever submitted, lost or had failed to be acted upon.

Army Regulation 600-8-22, Military Awards, provides that the Bronze Star Medal and other military decorations are awarded in recognition of heroism, meritorious achievement, or meritorious service. The decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

The same regulation provides that a recommendation for an award must be placed into channels within 2 years of the distinguished act, service or achievement. The only exception to this policy is if it can be shown that the award recommendation was lost or through inadvertence was not acted upon after it had been submitted.

 DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. There is no evidence that the applicant was ever awarded the Bronze Star Medal, or that a recommendation for the Bronze Star Medal was ever submitted, lost or through inadvertence not acted upon.

2. In view of the foregoing, there appears to be no basis for granting the applicant’s request.

 DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

 NOTE : Except for the Bronze Star Medal, it has been determined that the applicant is authorized all the other awards that he requested. Accordingly, the Army Reserve Personnel Center will be requested to take action as indicated in paragraph 10 of the PERSCOM Memorandum, to reflect all of the awards to which he is entitled on a correction to his DD Form 214.

 BOARD VOTE :
GRANT

GRANT FORMAL HEARING

 DENY APPLICATION




                                                      Karl F. Schneider
                                                       Acting Director

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