BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100007427 


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 request for award of the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal; however, it was never added to his military personnel records.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a DD Form 4980-5 (Bronze Star Medal Certificate) in support of his request.

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 AC95-11474, on
15 May 1996.

2.  The applicant was inducted and entered active duty in the U.S. Army on
28 May 1968.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 31 (Foreign Service) that he served in the Republic of Vietnam from
5 November 1968 through 28 February 1969; and
	b.  Item 38 (Record of Assignments) that he was assigned to:

       (1)  Company D, 4th Battalion, 12th Infantry, 199th Infantry Brigade, from
16 November through 17 November 1968; and the

       (2)  49th Infantry Detachment, 199th Infantry Brigade, from 18 November 1968 through 18 February 1969.

	c.  Item 41 (Awards and Decorations) does not show the Bronze Star Medal.

4.  The applicant's DD Form 214 shows he was honorably discharged on 29 June 1970 based on physical disability and placed on the retired list.  At the time he had completed 2 years, 1 month, and 2 days of net active service, and 3 months and 23 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Combat Infantryman Badge.

5.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Bronze Star Medal.

6.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

7.  ABCMR Docket Number AC95-11474, dated 15 May 1996, shows the applicant requested correction of his records to show award of the Purple Heart and the Bronze Star Medal.

	a.  The applicant did not provide any documentary evidence in support of his request.

	b.  Headquarters, 3rd Field Hospital, General Orders Number 50, dated
17 February 1969, confirmed the applicant's award of the Purple Heart.

	c.  The Board found that there was no evidence in the applicant's personnel files that showed he was recommended for or awarded the Bronze Star Medal.  A search of available General Orders for the 199th Infantry Brigade by the Awards Branch of the Total Army Personnel Command failed to show the applicant received this award. 

	d.  The previous Board corrected the applicant's records to show the Purple Heart, along with certain other decorations; however, it denied his request for award of the Bronze Star Medal.

8.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 13 March 1997, shows that item 24 of his
DD Form 214 was corrected to add the Purple Heart, Good Conduct Medal, Meritorious Unit Commendation with Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Medal First Class Unit Citation.

9.  In support of this application, the applicant now provides a copy of a Bronze Star Medal Certificate, dated 16 June 1969, that shows he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces from 5 November 1968 to 19 February 1969.  The certificate shows it was issued under the signature of Brigadier General Warren K. Bennett, Commanding General, 199th Infantry Brigade.

10.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation states the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his request for award of the Bronze Star Medal should be reconsidered based on a copy of the Bronze Star Medal certificate he now presents as evidence.

2.  The applicant's request for reconsideration was thoroughly reviewed and carefully considered.





	a.  There is no evidence in the applicant's military personnel records that shows he was recommended for or awarded the Bronze Star Medal.

	b.  A search of the available general orders for the 199th Infantry Brigade conducted by the Military Awards Branch at the time of the applicant's original request failed to show the applicant was awarded the Bronze Star Medal.

	c.  A review of the general orders issued during the Vietnam era between 1965 and 1973 that are maintained in ADCARS failed to reveal any orders for the Bronze Star Medal pertaining to the applicant.

	d.  In the absence of general orders, the Bronze Star Medal certificate, alone, provides insufficient evidence upon which to base correction of his records.

	e.  In view of the foregoing, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal.

3.  Therefore, the original decision of the Board is affirmed and the applicant is not entitled to correction of his records to show the Bronze Star Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x___  ___x___  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 AC95-11474, dated 15 May 1996.







2.  The Board wants the applicant and all others concerned to 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.



      _______ _  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)                                         AR20100007427



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)