IN THE CASE OF:
BOARD DATE: 01 July 2009
DOCKET NUMBER: AR20090004964
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, in effect, reconsideration of his previous request and that his records be corrected by amending his Bronze Star Medal Certificate to reflect his actual achievements.
2. The applicant states that his Bronze Star Medal certificate should read differently from Staff Sergeant (SSG) P____ V. R____'s, who has the same first and last name as his, because his narrative justification reads that he was a team leader and that he single-handedly held off a crowd of local nationals while SSG P____ V. R____'s does not.
3. The applicant provides a copy of Army Board for Correction of Military Records (ABMCR) Record of Proceedings AR20080007559, dated 17 July 2008, in support of this application.
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 AR20080007559 on 17 July 2008.
2. The applicant provides new arguments based on the contents of the previous Record of Proceedings which merit consideration by the Board.
3. The applicant provided a copy of the previous Record of Proceedings which recommended that the incorrectly filed proposed citation for award of the Bronze Star Medal in the applicant's file be removed at his request.
4. The applicant resubmitted a copy of a narrative justification for award of the Bronze Star Medal which reads, in pertinent part, that he was "recommended for award of the Bronze Star for his exceptionally meritorious service while assigned as a UH-60 Blackhawk Repairer
in support of Operation Iraqi Freedom." The narrative also states that while the applicant served as a team leader he performed many tasks. The narrative further states that while the applicant was on a recovery operation he became aware that the local Iraqi populace was beginning to descend on the site in increasing numbers and fearing that the crowd would jeopardize the safety of the team he took control of the situation and personally kept the crowd at bay
5. The applicant's resubmitted a copy of a narrative justification for award of the Bronze Star Medal for SSG P____ V. R____ which reads, in pertinent part, that SSG P____ V. R____ was recommended for award of the Bronze Star Medal "for his exceptionally meritorious service as an Avionic and Weapons System Repairer
in support of Operations Enduring and Iraqi Freedom." The narrative further states that while at a Kuwaiti check point the situation became very tense. "SSG R____'s situational awareness and calm action diffused a potentially desperate situation without provoking any escalation."
6. The applicant's record contained a copy of a proposed citation for award of the Bronze Star Medal to SSG P____ V. R____ which reads, "for exceptionally meritorious service as an avionic and weapons system repairer in support of Operations Enduring Freedom and Iraqi Freedom. SSG R____ distinguished himself throughout his entire tour in Southwest Asia, in particular, during the initial days of the war. After an extremely arduous march of over 325 miles in four days during combat conditions, his small team returned 31 heavily damaged aircraft into battle within 20 days. SSG R____'s performance reflects distinct credit upon himself, the Coalition Forces Land Component Command, the United States Central Command and the United States Army." The wording on this citation is identical to the wording on the certificate that the applicant was issued.
7. The applicant's record does not contain a copy of the applicant's proposed citation for award of the Bronze Star Medal.
8. Army Regulation 600-8-22 (Military Awards) states in pertinent part that a properly constituted award recommendation will include a DA Form 638, a narrative justification, and the proposed citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his previous Record of Proceedings, dated 16 June 2008, should be corrected to show, in effect, that the Bronze Star Medal certificate does not show his achievements because it belongs to another Soldier, SSG P____ V. R____, was carefully considered.
2. It is noted that the applicant's recommendation for award and narrative justification show that he and SSG P-- V. R--d were in the same unit, performing like missions, and encountering local nationals. However, there is insufficient evidence to show that the recommending official did not intend to write similar narratives/citations for the applicant and SSG P--V. R--d.
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. Therefore, there is an insufficient evidentiary basis to support granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X__ ____X____ ___X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 to amend the decision of the ABCMR set forth in Docket Number AR20080007559 dated 17 July 2008.
_____________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) AR20090004964
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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