DOCKET NUMBER:  AR20090003381 


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 previous request for the correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards and decorations, to include the Bronze Star Medal with “V” Device.  The applicant now adds a new request for the Board's action.  The applicant requests, in effect, that his last name be correctly spelled on the Bronze Star Medal award certificate.

2.  The applicant states, in effect, that he wishes to have reconsideration given him for the addition of the Bronze Star Medal with "V" Device to his DD Form 214 based upon new and material evidence.

3.  The applicant adds that he did not note that his last name was misspelled on the certificate.  The applicant points out that the misspelled last name has an extra "t" embedded in it.

4.  In support of his request, the applicant provides a copy of the original Record of Proceedings, a copy of general orders which promulgated the award, a copy of the accompanying citation, and a copy of the awards certificate.

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 AR20080008877 on 17 September 2008.
2.  The evidence shows the applicant was honorably discharged for the purpose of immediately reenlisting on 20 April 1969.  The DD Form 214 issued at this time shows he was awarded the Army Commendation Medal, the National Defense Service Medal, and the Vietnam Service Medal.

3.  The applicant was again honorably discharged for the purpose of immediately reenlisting on 30 January 1970.  The DD Form 214 he was issued at this time listed no awards or decorations.  The applicant continued to serve until 8 June 1972 when he was discharged with his service characterized as under honorable conditions.  The DD Form 214 he was issued at this time also listed no awards.

4.  In the earlier consideration of the applicant's request, the Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommended that the individual's DD Form 214, dated 8 June 1972, be corrected to show he was awarded the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with "1960 Device," the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommended denial of so much of the application that pertained to award of the Bronze Star Medal with "V" Device.

5.  The applicant provided orders that show he was awarded the Bronze Star Medal for meritorious service (emphasis added) in connection with ground operations against a hostile force for the period 1 July 1968 to 28 February 1969 by General Orders Number 2438, published by Headquarters, 101st Airborne Division, on 18 March 1969.

6.  The spelling of the applicant's last name on the award certificate for the Bronze Star Medal is incorrectly spelled.  The applicant's last name incorrectly has an extra "t" embedded in its center.

7.  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 additional orders for awards to the applicant.

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, for meritorious achievement, or for meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  Army Regulation 600-8-22 also provides, in pertinent part, that the bronze "V" device indicates acts of heroism involving conflict with an armed enemy.  The bronze "V" device is authorized in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal or the Air Medal or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one “V” device may be worn on awards of the Army Commendation Medal, or the Air Medal or the Bronze Star Medal for heroism.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Bronze Star Medal with "V" Device, has been considered.  However, he provided orders to show he was awarded the Bronze Star Medal for meritorious service.  He is entitled to have the Bronze Star Medal but not the Bronze Star Medal with "V" Device added to his DD Form 214.

2.  The evidence confirms that the applicant's last name is misspelled on his award certificate for the Bronze Star Medal.  The applicant's last name incorrectly contains an extra "t" embedded in its center.  The applicant is entitled to a correction of his last name on his award certificate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20080008877, dated 17 September 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
     a.   adding the Bronze Star Medal for meritorious service to his DD Form 214 dated 8 June 1972; and 

     b.  that the applicant be provided an appropriate document to correct the spelling of his last name on the Bronze Star Medal award certificate.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to addition of a Bronze Star Medal with "V" Device to the applicant's DD Form 214.




      _______ _   __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)                                         AR20090003381





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ABCMR Record of Proceedings (cont)                                         AR20090003381



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