BOARD DATE: 28 June 2011
DOCKET NUMBER: AR20100027344
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 through his Congressional representative and two U.S. Senators reconsideration of the Army Board for Correction of Military Records (ABCMR) denial to add the Bronze Star Medal to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 27 October 1970.
2. The applicant did not make any new statement.
3. The applicant provides through his Congressional representative and two U.S. Senators:
* a statement from his son-in-law
* a certificate for the award of the Bronze Star Medal
* a citation for the award of the Bronze Star Medal
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 AR20100010231, on 16 September 2010.
2. The statement from his son-in-law, a chief warrant officer five in the U.S. Army, is new evidence which requires his case to be reconsidered by the ABCMR.
3. He was inducted into the Army of the United States on 25 March 1969. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
4. He served in the Republic of Vietnam from 7 September 1969 to 26 October 1970. He was assigned to:
* the 4th Battalion, 31st Infantry from 21 September 1969 to 2 June 1970
* Headquarters and Headquarters Company, Americal Division from 3 June to 22 October 1970
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Bronze Star Medal. Item 41 does show he was awarded the Army Commendation Medal and lists the authority as Headquarters, Americal Division General Order 10208, dated 7 August 1970.
6. On 27 October 1970, he was released from active duty. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
7. There are no orders or recommendations in his Military Personnel Records Jacket (MPRJ) for the award of the Bronze Star Medal.
8. In a letter, dated 29 September 2010, sent to the applicant's Congressional representative and two U.S. Senators, his son-in-law states the applicant was personally awarded the Bronze Star Medal in October 1970 in a small formation
while overseas in Vietnam. He states the applicant hand carried the Bronze Star Medal certificate and citation and the medal back to the U.S. He states that in effect the ABCMR states the award is invalid. He states that a clerical error does not constitute removal of award, removal of intent, or void the issuance of the Bronze Star Medal.
9. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal 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.
DISCUSSION AND CONCLUSIONS:
1. The ABCMR is not revoking an award or removing anything from the applicant's records. There is no evidence in his MPRJ of the Bronze Star Medal having been awarded to him. There is simply a lack of orders or recommendations for the award of the Bronze Star Medal. The ABCMR's denial of his previous report is not intended to revoke, remove, or invalidate this award.
2. There is no evidence of the award of the Bronze Star Medal other than the citation and the certificate submitted by the applicant. Army regulations require that for all personal decorations formal recommendations, approval through the chain of command, and announcement in orders are required. Therefore, there is insufficient evidence to add the Bronze Star Medal to his
DD Form 214.
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 AR20100010231, dated 16 September 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) AR20100027344
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ABCMR Record of Proceedings (cont) AR20100027344
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