Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001064289C070421
Original file (2001064289C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001064289

         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. G. E. Vandenberg Analyst


The following members, a quorum, were present:

Ms. Shirley L. Powell Chairperson
Mr. Stanley Kelley Member
Mr. Elzey J. Arledge 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 her late husband’s, the former service member (FSM), military records be corrected to include an unspecified award of a “campaign star (battle star)”.

APPLICANT STATES: In effect, that the omission of this award from her late husband’s discharge document has cost her her position and employment standing within the United States Postal Service.

EVIDENCE OF RECORD: The FSM’s military records show:

The FSM entered active duty 6 May 1975 and remained on active duty until he was placed on the Temporary Disability Retired List 29 November 1994. He was shown to have served on active duty for 19 years, 6 months and 24 days. The FSM passed away 27 May 1995.

His records list his overseas assignments as Germany from 22 September 1975 through 26 September 1977, Korea from 20 January 1981 through 15 January 1982 and Germany from 14 June 1983 through 12 June 1987. His awards and decorations are shown as the Army Achievement Medal with 1 bronze oak leaf cluster; the Good Conduct Medal with one sliver loop; the National Defense Service Medal; the Non Commissioned Officers (NCO) Professional Development Ribbon with numeral 2; the Army Service Ribbon; the Overseas Service Ribbon with numeral 3 and the Expert Qualification Badge with Rifle Bar.

The applicant submitted a copy of a Promotion Point Worksheet (DA Form 3355), dated 23 February 1982 showing on page 3, item 5-27 a notation of award of 1 campaign star. It is noted that item 5-26 is the line entry for Expert Marksmanship Qualification Badge and that this line is blank.

Army Regulation 600-8-22 (Military Awards) provides guidance, in pertinent part, for the award of the Service (Campaign) Medals for specific locations and/or actions.

Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.

The Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit awards and campaigns for which a given unit participated in and the exact dates of those campaigns.




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

1. There is no evidence that the FSM ever served in a situation for which a service medal or a campaign star was issued.

2. In-as-much-as the FSM is not entitled to any campaign credit, the notation on the DA Form 3355 appears to be a line entry error. At that point he was entitled to the Expert Marksmanship Qualification Badge, which is the line entry directly above the apparently erroneous entry.

3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

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

_SLP____ _SK____ ___EJA__ DENY APPLICATION




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



INDEX

CASE ID AR2001064289
SUFFIX
RECON
DATE BOARDED 20020319
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2009 | 20090013859

    Original file (20090013859.txt) Auto-classification: Denied

    The applicant requests the DD Form 214 (Certificate of Release or Discharge from Active Duty) of her deceased husband, a former service member (FSM), be corrected to show two awards of the Bronze Star Medal, three awards of the Purple Heart, and the Silver Star. Item 9 (Awards, Decorations, and Campaigns) of the FSM's DA Form 2-1 does not list awards of the Purple Heart or the Bronze Star Medal. In this case, there are no general orders that show the FSM was awarded the Purple Heart; there...

  • ARMY | BCMR | CY2003 | 2003090149C070212

    Original file (2003090149C070212.doc) Auto-classification: Approved

    The applicant requests that the records of her late husband, a former service member (FSM), be corrected to show award of the Bronze Star Medal. There are no orders in the FSM’s available records awarding him the Bronze Star Medal, however, his award certificate is signed by the appropriate commander and Secretary of the Army, and the date of the award coincides with the FSM’s dates of service in Vietnam. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2003 | 03095764C070212

    Original file (03095764C070212.rtf) Auto-classification: Approved

    The applicant requests award of the Purple Heart and the POW (Prisoner of War) Medal for her deceased husband, a former service member (FSM). She states that her husband's records show no evidence of award of the Purple Heart or POW Medal. The issue as to whether this change in policy would be implemented retroactively to prisoners of war from World War I, World War II, and the Korean War was considered several times.

  • ARMY | BCMR | CY2008 | 20080013274

    Original file (20080013274.txt) Auto-classification: Approved

    There are no general orders in the available records which show that the applicant was awarded the Purple Heart. The applicant's records show that he was awarded the Vietnam Service Medal. Evidence shows that the FSM participated in two campaigns during his service in the Republic of Vietnam.

  • ARMY | BCMR | CY2002 | 2002082785C070215

    Original file (2002082785C070215.rtf) Auto-classification: Approved

    The applicant requests, as the widow of the former service member (FSM), that her late husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was wounded in action, that he was a prisoner of war and that he served in the Glider Division. There are no orders for the Combat Infantryman Badge in the available records; however, the FSM'S WD AGO Form 53-55 shows that he served in military occupational specialty (MOS) 745 (rifleman) during World War...

  • ARMY | BCMR | CY2006 | 20060008649C071029

    Original file (20060008649C071029.doc) Auto-classification: Approved

    The applicant requests that the record and separation document (DD Form 214) of her deceased husband, a former service member (FSM), be corrected to add the Korean Campaign Ribbon, now known as the Korean Service Medal (KSM), with 3 bronze service stars, American Theater Service Medal, now known as the American Campaign Medal (ACM), Asiatic-Pacific Theater Service Medal, now known as the Asiatic-Pacific Campaign Medal (APCM), and World War II Victory Medal. Army Regulation 600-8-22...

  • ARMY | BCMR | CY2009 | 20090011847

    Original file (20090011847.txt) Auto-classification: Approved

    The applicant provides the FSM's Certificate of Death, Marriage License, WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service), VA documents, and the letter and attachments the applicant submitted to her Congressional Representative. There is no documentation in the reconstructed records that shows the FSM was a POW. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...

  • ARMY | BCMR | CY2002 | 2002075316C070403

    Original file (2002075316C070403.rtf) Auto-classification: Approved

    The applicant requests, as the widow of a deceased former service member (FSM), correction of her late husband’s military records to show award of the World War II Victory Medal and the Combat Infantryman Badge. That all of the Department of the Army records related to this case be corrected by showing that the FSM was awarded the World War II Victory Medal, the Combat Infantryman Badge, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Army of Occupation Medal...

  • ARMY | BCMR | CY2002 | 2002074005C070403

    Original file (2002074005C070403.rtf) Auto-classification: Approved

    Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board For Correction of Military Records to have it added to the FSM's DD Form 214. The Board further finds that it is in the interest of justice to show that the FSM was awarded or authorized the following awards, decorations, and badges: the Good Conduct Medal with 3 bronze loops, the American Defense Service Medal, the European-African-Middle Eastern Campaign Medal with 5...

  • ARMY | BCMR | CY2007 | 20070010761

    Original file (20070010761.txt) Auto-classification: Denied

    In a second letter written by the eyewitness to the FSM's daughter, the eyewitness states, in effect, he believes that the FSM did not receive the Purple Heart due to the statements he [the FSM] made while he was still in the military. This, he states, could be the case with her father. The eyewitness' statements in support of the FSM being awarded the Purple Heart were considered; however, his statements are insufficient to reverse the decision of the Board, especially in view of the fact...