IN THE CASE OF:
BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100008552
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 earlier request for correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal.
2. The applicant states that he was awarded a Bronze Star Medal but the certificate contains the wrong service number. He was the only person by his name in his battalion at the time and believes that the wrong service number is why no orders for the medal have been found.
3. The applicant provides copies of the submissions related to his prior 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 AR20090002237 on 30 June 2009.
2. The applicant's contention that the Bronze Star Medal Certificate contains an incorrect service number constitutes new argument warranting an additional review.
3. The applicant served in Vietnam as an artillery officer with Battery B, 2nd Battalion, 35th Artillery Regiment under the service number xxxx486x. His tour of duty in Vietnam was from September 1967 through August 1968 and he was promoted to first lieutenant on 22 November 1967.
4. The Bronze Star Medal Certificate shows award to an artillery first lieutenant with the same name as the applicant for the period September 1967 through August 1968. However, the service number listed on the award certificate reflects xxxx030x.
5. 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 United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal pertaining to the applicant under his service number or social security number, or the service number reflected on the award certificate.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that he was awarded a Bronze Star Medal but the certificate contains the wrong service number. He was the only person by his name in his battalion at the time and believes that the wrong service number is why no orders for the medal have been found.
2. While many of the details listed on the Bronze Star Medal certificate would fit the applicant's history, without verification in the form of orders or similar documentation the Board must presume administrative regularity and deny 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 AR20090002237, dated 30 June 2009.
____________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) AR20100008552
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ABCMR Record of Proceedings (cont) AR20100008552
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