IN THE CASE OF:	

		BOARD DATE:	      24 March 2009

		DOCKET NUMBER:  AR20090001415 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for correction of his military records to show the award of two Purple Heart medals and the Army Commendation Medal.  He also requests [new issue] correction of his military records to show award of the Bronze Star Medal.

2.  The applicant states that in 1985 the retirement clerk was asked about these missing award documents and that the retirement clerk would look into the matter. 

3.  The applicant provides, in support of his application, a copy of a certificate showing award of the Bronze Star Medal with "V" Device for heroism in the Republic of Vietnam.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060009580, on 23 January 2007.

2.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request 
reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  
      
3.  The staff of the ABCMR reviewed the applicant's request for reconsideration and determined that his request for reconsideration concerning award of two Purple Heart medals and the Army Commendation Medal was not received within one year of the ABCMR's original decision.  As a result, his request for reconsideration does not meet the criteria outlined above and will not be further discussed in these proceedings.

4.  The applicant provided a certificate showing that he was awarded the Bronze Star Medal with "V" Device.  The citation reads, "for personal heroism in combat action against a greater hostile enemy force on 21 January 1970 in the Republic of Vietnam. [Applicant's name] held off 10 enemy combatants while wounded several times.  For this selfless act of courage, his action saved the lives of
7 others that day."  The certificate shows that it was issued on 21 April 1971.

5.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Bronze Star Medal with "V" Device.

6.  The applicant's available records indicate that he originally entered the service in September 1965.  The only DD Form 214 (Certificate of Release or Discharge from Active Duty) that is available in his records reports his service from 14 June 1978 to his retirement for length of service on 30 September 1985.

7.  Item 13, "Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All Periods of Service)" of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Air Medal, Army Commendation Medal, Vietnam Service Medal, Vietnam Campaign Medal with two bronze service stars, [Army] Good Conduct Medal 
(6 awards), Army Service Ribbon, and the Overseas Service Ribbon (4 awards).   It does not show award of the Bronze Star Medal with "V" Device." 

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal 

recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

9.  United States Army Vietnam Regulation 672-1 (Awards), in effect at the time, governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may be awarded for heroism, meritorious achievement, or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Bronze Star Medal with "V" Device.

2.  There are no general orders that show the applicant was awarded the Bronze Star Medal with "V" Device.  By itself, the certificate provided by the applicant is not sufficient evidence upon which to base a correction of his records.  Should he have, or be able to obtain, a copy of the orders awarding him the Bronze Star Medal, or be able to provide other evidence to corroborate this award, he may submit another application for consideration.

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 the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  Regarding the reconsideration issues, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20060009580, dated 22 May 2008.

2.  Regarding the new issue, the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________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.

ABCMR Record of Proceedings (cont)                                         AR20090001415



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ABCMR Record of Proceedings (cont)                                         AR20090001415



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