Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001060641C070421
Original file (2001060641C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:


         BOARD DATE: 8 January 2002
         DOCKET NUMBER: AR2001060641

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. W. E. Schnupp Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Roger W. Able Member
Mr. Terry L. Placek Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That the Bronze Star for Valor be added to his DD Form 214.

APPLICANT STATES: That he was recommended for the award but it was never awarded to him.

In support of his request, he submits a copy of a recommendation for award of the Bronze Star Medal (BSM) for Valor with accompanying supporting documents and endorsements/notes returning the recommendation for further information, and a copy of his DD Form 214, Report of Separation.

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

He was inducted on 24 November 1952, served in Korea, was promoted to the grade of sergeant and was retired for permanent disability (poliomyelitis) on 31 January 1955.

His awards include the National Defense Service Medal, the Korean Service Medal with 1 Bronze Service Star, the United Nations Service Medal and the Republic of Korea Presidential Unit Citation.

The applicant’s record contains no evidence of any award recommendations. However, documents he has submitted with his application show that a recommendation for award of the BSM for Valor was prepared on 17 March 1954, for events that occurred on 18-19 July 1953, while the applicant was a wireman, radio, switchboard and telephone operator assigned to a field artillery battery. The description of the achievement for which he was recommended for the BSM indicates that the telephone lines to forward observers had been destroyed by enemy artillery fire and the applicant, of his own accord while under enemy artillery and mortar fire, undertook the task of restoring wire communications between the switchboard and the forward observer telephones.

The draft of the award recommendation was initially prepared on 15 October 1953. The Personnel Section apparently returned it on 17 October 1953, for additional information (sketches of the area of operations and supporting statements). The recommendation was not submitted again until 17 March 1954, with a supporting certificate dated 18 March 1954, but no other documentation. An endorsement prepared by the 38th Field Artillery Battalion, Personnel Section at that time, indicates that the recommendation did not include sketches of the area, coordinates and statements of eyewitnesses or an explanation of why it was so late. There is no indication that the recommendation was resubmitted for consideration.



Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or 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.

Awards may be made for acts of heroism, performed under circumstances described above, which are of lesser degree than required for the award of the Silver Star.

The BSM may also be awarded to recognize single acts of meritorious achievement or meritorious service.

The “V” device is worn to denote participation in acts of heroism involving conflict with an armed enemy.

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. The applicant’s military personnel file contains no evidence of the award recommendation he submitted with his application, and the award recommendation he has provided is not signed nor is there any evidence that it was officially submitted for consideration.

2. Even if it had been submitted at the time, there is no assurance that it would have been approved for the BSM. The decision to award an individual a decoration and the decision as to which award is appropriate are subjective decisions made by the commander with awards approval authority. Therefore, the recommendation for the BSM for Valor could have been approved as recommended, downgraded to a lesser award or disapproved. In the absence of documentation in the record, there is no way to determine if any of these actions occurred; but it appears that the recommendation was never submitted for consideration.

3. While the Board has no reason to doubt the statement of events contained in the award recommendation, without corroborating evidence from official sources that the recommendation was authenticated and submitted for consideration, there are no grounds for this Board to award the BSM for Valor.




4. In view of the foregoing, there is 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.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___tlp ___ ___rwa__ ___lls___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001060641
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020108
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2011 | 20110004263

    Original file (20110004263.txt) Auto-classification: Denied

    On 29 October 2007, the applicant’s command sergeant major (CSM), who was also in the ILARNG and deployed to Iraq with the applicant, submitted a DA Form 638 recommending the applicant for award of the Silver Star for exceptional gallantry in action against enemy forces on 12 October 2007. The applicant’s rater and commanding general recommended approval of award of the Silver Star and forwarded the recommendation to the Multinational Coalition (MNC) C-3 (Task Force Phantom) who recommended...

  • ARMY | BCMR | CY2005 | 20050004613C070206

    Original file (20050004613C070206.doc) Auto-classification: Approved

    Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review. Once the KWSM has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214.

  • ARMY | BCMR | CY2011 | 20110004050

    Original file (20110004050.txt) Auto-classification: Approved

    The applicant requests award of the Combat Medical Badge and correction to his Army Commendation Medal to show the "V" device for valor. Within the information provided to HRC, there was no record or mention that the applicant performed his medical duties while his combat patrol was engaged in active ground combat with the purpose to close with and destroy the enemy with direct fires. Therefore, with no supporting evidence showing his combat patrol was directly engaged with the enemy, this...

  • ARMY | BCMR | CY2009 | 20090010924

    Original file (20090010924.txt) Auto-classification: Approved

    The applicant states that she hopes there is a record of the FSM being awarded the SS because he did earn it and receive it. Given hospital commanders had the authority to award the PH for wounds received in action, this also could possibly be the award the applicant believes the FSM was awarded and for which he received a certificate while in the hospital. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting...

  • ARMY | BCMR | CY2011 | 20110005448

    Original file (20110005448.txt) Auto-classification: Denied

    In a letter to the applicant, dated 19 October 2010, Chief, Military Awards Branch, HRC, stated on 26 August 2009, the Commanding General, HRC, disapproved forwarding the recommendation to the Senior Army Decorations Board and affirmed that the previously awarded Distinguished Flying Cross was the appropriate award for his action. A letter to LTC B_____, dated 22 February 2011, from the Army Review Board Agency stated that in order to initiate a review of the applicant's military records...

  • ARMY | BCMR | CY2008 | 20080008982

    Original file (20080008982.txt) Auto-classification: Approved

    The applicant requests, in effect, that his record be corrected to show he was awarded a "V" (Valor) Device with his Bronze Star Medal (BSM). The applicant states, in effect, he was awarded the BSM for valor and should have received the "V" Device with the award. The applicant's record contains a Record of Award of Decoration (WD AGO Form 0708), issued by the Office of The Adjutant General's Office Decorations and Award Branch, which shows that the applicant was awarded the BSM in 3rd...

  • ARMY | BCMR | CY2009 | 20090003578

    Original file (20090003578.txt) Auto-classification: Denied

    Block 23 (Remarks) of the applicant's WD AGO Form 100 for the period ending 19 March 1946, in pertinent part, shows he received a Letter of Commendation from Major General B____, Commanding General of the 100th Infantry Division, for duty as Order of Battle Analyst with 100th Infantry Division and was eligible for award of the Army Commendation Ribbon. On 18 July 1957, the Adjutant General informed the applicant that a thorough search of the records for the 100th Infantry Division failed to...

  • ARMY | BCMR | CY2007 | 20070012392

    Original file (20070012392.txt) Auto-classification: Denied

    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 Bronze Star Medal and the Purple Heart. The applicant's military records are not available for review. In the absence of evidence that the applicant sustained wounds as a result of hostile action, or was treated for those wounds and was made a matter of official record, there is insufficient evidence upon which to base award of the Purple Heart in...

  • AF | BCMR | CY2012 | BC-2012-03057

    Original file (BC-2012-03057.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03057 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to reflect award of the Bronze Star Medal with Valor (BSM w/V). Based on their review of the applicant's official military personnel record, they were...

  • ARMY | BCMR | CY2013 | 20130021447

    Original file (20130021447.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal (BSM) with "V" Device. ____________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.