IN THE CASE OF:	

		BOARD DATE:	15 December 2009  

		DOCKET NUMBER:  AR20090010031 


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, the spouse of a deceased former service member (FSM), requests correction of the FSM's records to show award of the Silver Star and additional Air Medals.

2.  The applicant states that the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect the FSM's award of Silver Star and she believes there are other awards missing as well.

3.  The applicant provides copies of the FSM's death certificate and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The FSM was inducted into the Army of the United States on 25 June 1969, completed training, and was awarded the military occupational specialty 11B (Light Weapons Infantryman).

2.  The FSM was honorably released from active duty on 4 May 1971 with 1 year, 10 months, and 10 days of creditable service.

3.  The FSM's DD Form 214 lists his awards as the National Defense Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal, the Purple Heart, and the Air Medal.

4.  The FSM's DA Form 20 (Enlisted Qualification Record) shows his awards as the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, the Air Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  On 4 January 2007, the FSM requested correction of his records to show award of two Bronze Star Medals and an Army Commendation Medal.  He also requested copies of the orders for his awards.  The request was forwarded to the U.S. Army Human Resources Command Military Awards Branch.

6.  The FSM passed away on 26 February 2008.  The death certificate lists P____ L____ as his spouse and her address is listed as in Louisiana.

7.  On 23 May 2008, the U.S. Army Human Resources Command Military Awards Branch reviewed the FSM's request and found that the available records supported a correction of his record.  It issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) showing the deletion of the Vietnam Service Medal and the Air Medal and the addition of the Bronze Star Medal, the Air Medal with Numeral 2, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The letter and DD Form 215 were sent to the FSM at a Texas address.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 for the Silver Star or other awards not currently shown on the FSM's DD Form 214 or DD Form 215.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  In pertinent part it states that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Title 10, U.S. Code, section 1130, provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that the DD Form 214 does not reflect the FSM's award of Silver Star and she believes there are other awards missing as well.

2.  The record does not contain and the applicant has not provided any documentation to show that the FSM was recommended for or awarded the Silver Star.  Without a formal recommendation or orders showing this award, it is not appropriate to correct the record at this time.

3.  While the available evidence is insufficient for awarding the FSM a Silver Star, this in no way affects the applicant’s right to pursue a claim for the Silver Star by submitting a request through her Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  A review of the FSM's military records failed to locate entitlement to any awards or decorations which are not currently shown on the FSM's DD Form 214 or the 23 May 2008 DD Form 215.

5.  It is unclear if the applicant is aware of the U.S. Army Human Resources Command Military Awards Branch 23 May 2008 letter or the DD Form 215.  Since they relate to this application, copies of these two documents will be forwarded to her.

6.  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.

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 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)                                         AR20090010031



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ABCMR Record of Proceedings (cont)                                         AR20090010031



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