BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100026015 


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 (BSM).

2.  The applicant states after arriving in Vietnam, he was asked to train for the parts supply job in the motor pool.  He explains that "stuff" was disappearing from the motor pool and his warrant officer asked him to keep his eyes and ears open and to work undercover.  He offers that he was in the process of setting up a weapons sale with a Vietnamese guy, but it was put on hold by the military intelligence people.  He states the warrant officer feared for his safety and sent him on temporary duty.  He adds that when he returned to the motor pool, the warrant officer had left, but a lieutenant showed him a letter in which the warrant officer had recommended him [applicant] for award of the BSM.

3.  He provides a supporting statement.

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 AR20090020356 on 8 July 2010.

2.  In an undated statement, an individual indicated he was with the applicant and a member of the 232nd Signal Corp, Vietnam, from March 1963 to April 1964.  He recalled an incident in which the applicant was supposed to set up a sting operation, but law enforcement agents were able to make an arrest instead.  He offered that the applicant was shown a letter written by his warrant officer recommending him [applicant] for the BSM.  He said the applicant was unable to reach the warrant officer and, therefore, he wrote this letter so the applicant could receive the BSM he justly deserves.

3.  The applicant's record is void of any evidence and he did not provide any evidence showing he was recommended for or awarded the BSM.

4.  The Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, was reviewed; however, this review failed to show any orders were published awarding the BSM to the applicant.

5.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

6.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

7.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  While there is no reason to doubt the statement provided by the applicant's former comrade, such individual statements are acceptable only where corroborating evidence is available from official sources.  Given the regulatory burden of proof required to establish entitlement to the award of the BSM and lacking any independent evidence of record that confirms he was recommended for the BSM, relief is not warranted.

2.  As stated in the previous proceedings, the applicant is reminded of his right to pursue his claim for award of the BSM by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130, as cited in paragraphs 6 and 7 of this Record of Proceedings.

3.  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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090020356, dated 8 July 2010.



      ___________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)                                         AR20100026015



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ABCMR Record of Proceedings (cont)                                         AR20100026015



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