Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001063345C070421
Original file (2001063345C070421.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 20 November 2001
         DOCKET NUMBER: AR2001063345

         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Jennifer L. Prater Chairperson
Mr. Melvin H. Meyer Member
Ms. Regan K. Smith 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: Reconsideration of his request for award of the Medal of Honor.

APPLICANT STATES: That he was recommended for award of the Medal of Honor by his former commanding officer, a holder of the Distinguished Service Cross, our nation’s second highest award for combat. He provides the recommendation and proposed citation, three notarized affidavits from witnesses to his actions during June 1953 including one from the soldier who typed up the recommendation for the Medal of Honor, one 3-page article dated 3 September 1998, one partial 1-page newspaper article dated 31 May 1999, and one poem entitled “The Real Forgotten War” as supporting evidence.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 20 September 2000 (AR1999025989).

The provided affidavits essentially reaffirm previous descriptions of the battle the night of 14-15 June 1953 and the applicant’s actions during the battle.

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 Board acknowledges that the applicant provides a sworn statement showing he was recommended for award of the Medal of Honor in 1953; however, an award recommendation does not mean automatic award approval. It appears he was awarded the Bronze Star Medal with “V” device for his actions in June 1953 at the time. His request for upgrade of the Bronze Star Medal with “V” device to the Medal of Honor was considered by the U. S. Total Army Personnel Command’s Awards Board on several occasions, which finally resulted in the upgrade of the Bronze Star Medal with “V” device to the Silver Star. His request was subsequently resubmitted to the Awards Board and denied. He then submitted his request to this Board. A formal hearing was granted in which the applicant appeared and three witnesses testified. The Board unanimously determined that the Silver Star was the appropriate level of recognition for the applicant’s actions on 14-15 June 1953.

2. The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

3. Again, the Silver Star is the nation’s third highest decoration for heroism in action against an armed enemy, recognition that the applicant fully deserves.

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

__jlp___ __mhm___ __rks___ DENY APPLICATION



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



INDEX

CASE ID AR2001063345
SUFFIX
RECON
DATE BOARDED 20011120
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0001
2.
3.
4.
5.
6.



Similar Decisions

  • ARMY | BCMR | CY2001 | 2001063195C070421

    Original file (2001063195C070421.rtf) Auto-classification: Approved

    The applicant states that the FSM’s separation document does not show he was awarded the Silver Star or the Purple Heart for his actions at Kham Duc (Vietnam) from 12 - 14 May 1969. The record contains no evidence showing that the FSM was awarded the Silver Star or the Purple Heart. These witnesses state that the FSM was wounded in action at Kham Duc.

  • ARMY | BCMR | CY2009 | 20090020089

    Original file (20090020089.txt) Auto-classification: Denied

    The applicant requests that his award of the Silver Star be upgraded to award of the Distinguished Service Cross (DSC). The Silver Star was awarded for gallantry in action against the enemy. Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (then known as the Distinguished Unit Citation) is awarded to units of the Armed Forces of the United States and co-belligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7...

  • ARMY | BCMR | CY2015 | 20150000906

    Original file (20150000906.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant's complete military records are not available to the Board for review. He was awarded the Korean Service Medal with one bronze service star, the Combat Infantryman Badge, Presidential Unit Citation, National Defense Service Medal, and the United Nations Service Medal.

  • ARMY | BCMR | CY2009 | 20090018118

    Original file (20090018118.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such...

  • ARMY | BCMR | CY2013 | 20130012068

    Original file (20130012068.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 November 1976 to show award of the: * Bronze Star Medal with "V" Device with 3 oak leaf clusters * Republic of Korea Presidential Unit Citation * Republic of Korea War Service Medal * Glider Badge 2. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to duty in Korea during the period 4 April 1953 through 17 March 1954. However, his DD Form 214 ending 30...

  • ARMY | BCMR | CY2012 | 20120007936

    Original file (20120007936.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant did not provide any documentation in support of his request. While the available evidence is insufficient for correcting the applicant's records to show award of the Silver Star or the "V" device for his Bronze Star Medal, this in no way affects his right to pursue his claim for the awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S....

  • ARMY | BCMR | CY2012 | 20120002994

    Original file (20120002994.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he was awarded the Bronze Star Medal with "V" Device and the Combat Infantryman Badge for his service in the Republic of Korea (ROK). His DD Form 214 shows: a. he was an RA Infantryman, b. he served 11 months and 15 days of foreign service, c. his awards include the Silver Star, two awards of the Purple Heart, Korean Service Medal with 4 bronze service stars, and the United Nations Service...

  • ARMY | BCMR | CY2014 | 20140010976

    Original file (20140010976.txt) Auto-classification: Denied

    The applicant requests, in effect: a. the following awards and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); * Silver Star * Bronze Star Medal with V Device * Purple Heart * Air Medal * Combat Infantryman Badge b. and that he be provided a DD Form 215 (Correction to DD Form 214). He is submitting evidence/documents from his former chain of command and platoon members for the recommendations and testimony for him to be awarded the...

  • ARMY | BCMR | CY2014 | 20140012257

    Original file (20140012257.txt) Auto-classification: Denied

    The applicant's complete military records are not available to the Board for review. The applicant's reconstructed record does not contain orders awarding him any personal decorations for achievement, service, or valor. In order to request an award under Title 10, U.S. Code, section 1130, a DA Form 638 (Recommendation for Award) must be submitted.

  • ARMY | BCMR | CY2011 | 20110017145

    Original file (20110017145.txt) Auto-classification: Approved

    The DD Form 214 he was issued at the time shows in: * item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * Combat Infantryman Badge * Korean Service Medal with two bronze service stars * United Nations Service Medal * item 29 (Wounds Received as a Result of Action with Enemy Forces) the entry "None" 5. Review of the Korean War casualty listing shows the applicant's name is listed as a casualty on 12 April 1951. Therefore, it would...