IN THE CASE OF:
BOARD DATE: 29 December 2009
DOCKET NUMBER: AR20090012480
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 the Board's denial of his previous request for award of the Bronze Star Medal.
2. The applicant states, in effect, that it is an injustice for him to not receive the Bronze Star Medal based on his service in Korea.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and news clippings related to the Vietnam, Korean, and Iraq War 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 AR20080008541, on 30 September 2008.
2. The news clippings provided by the applicant are new evidence, which requires that the Board reconsider his request.
3. The applicant's military record is not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of the applicant's DD Form 214, other documents remaining in the National Personnel Records Center file, and the documents provided by the applicant.
4. The applicant's DD Form 214 shows that he was inducted into the Army of the United States on 2 October 1951. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the Korean Service Medal with 3 bronze service stars, United Nations Service Medal, and Combat Infantryman Badge. The Bronze Star Medal is not included in the list of awards on this document.
5. A DA Form 1577 issued by the Army Reserve Personnel Center, St. Louis, Missouri, on 28 January 1992, authorized the issue of additional awards. A DA Form 1577 issued by the National Personnel Records Center on 18 March 2000, authorized the issue of the Purple Heart to the applicant and informed him that the Bronze Star Medal was awarded based on receipt of the Combat Infantryman Badge for World War II service only.
6. Available documents pertaining to the applicant are void of any orders or other documents that indicate he was ever recommended for or awarded the Bronze Star Medal by proper authority.
7. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 3-1 states, in pertinent part, that the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority. Paragraph 3-14 contains guidance on award of the Bronze Star Medal. It states, in pertinent part, that it is awarded for heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides news clippings of Soldiers which have received the Bronze Star Medal for service in Iraq and many years later following their service in other wars in support of this request for award of the Bronze Star Medal. However, the examples provided by the applicant have no bearing on this case. By regulation, the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority.
2. There is no available evidence of any orders or other documents that indicate the applicant was ever recommended for or awarded the Bronze Star Medal by proper authority. Therefore, absent any evidence confirming his entitlement to this award, there is an insufficient evidentiary basis to support granting the requested relief.
3. While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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:
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 AR20080008541, dated 30 September 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) AR20090012480
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ABCMR Record of Proceedings (cont) AR20090012480
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