BOARD DATE: 22 October 2009
DOCKET NUMBER: AR20090008202
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:
The applicant's request, statements and evidence is provided through Counsel.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests, in effect, reconsideration of the applicant's request that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show two awards of the Bronze Star Medal (BSM) in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
2. Counsel states, in effect, that the applicant received two awards of the BSM, one for heroism with the "V" (Valor) Device and one for meritorious achievement; however, after the last Board action, his record was corrected to reflect only the BSM with "V" Device, the correction did not include his second BSM.
3. Counsel provides a BSM certificate in support of the 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 AR20080015562 on 24 March 2009.
2. The applicant provides as new evidence a BSM certificate, dated 23 July 1969, that was issued and signed by the commanding general of the 101st Airborne Division, which awarded the applicant the BSM for meritorious achievement in the Republic of Vietnam (RVN) during the period 1 November 1968 through 30 June 1969 that requires reconsideration.
3. During its original review, the Board confirmed that the applicant was awarded the BSM with "V" Device for heroism in ground combat against a hostile force in the RVN on 20 March 1969. However, it found no evidence of a second award of the BSM.
4. The applicant's record shows that he served on active duty for 1 year,
8 months, and 20 days from 24 October 1967 through 13 July 1969, at which time he was honorably released from active duty (REFRAD), in the rank of sergeant.
5. Item 24 of the DD Form 214 issued to the applicant upon his REFRAD on
13 July 1969, as amended by the original Board decision in the case, shows he earned the following awards during his active duty tenure: National Defense Service Medal, Bronze Star Medal with "V" Device, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, RVN Campaign Medal with Device 1960, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars, RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time provided for entering all awards earned during the period in item 24 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should show he earned the BSM 1st Oak Leaf Cluster (2nd Award) with "V" Device was carefully considered and found to have merit.
2. The applicant provides a BSM certificate which shows that in addition to the BSM with "V" Device for heroism on 20 March 1969 he was also awarded the
BSM for meritorious achievement for his service in the RVN during the period
1 November 1968 through 30 June 1969 on 23 July 1969.
3. Although orders are normally required to support adding an award to the record and DD Form 214, given the certificate provided by the applicant is consistent with his overall record of service, and more specifically his service in the RVN, it is concluded that it is sufficiently credible to support granting the requested relief. Therefore, it would be appropriate to amend item 24 of his DD Form 214 to show he was awarded the BSM with 1st Oak Leaf Cluster (2nd Award) with "V" Device.
BOARD VOTE:
____x___ ___x____ __x______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20080015562, dated 24 March 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current Bronze Star Medal entry in item 24 of his DD Form 214 and replacing it with the entry "Bronze Star Medal 1st Oak Leaf Cluster (2nd Award) with "V" Device" and by providing him a correction to his DD Form 214 that includes this change.
_______ _ _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) AR20090008202
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