IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110015066
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show he was awarded the Bronze Star Medal (BSM).
2. He states he is providing as new evidence a letter from his squad leader in Vietnam.
3. He provides a letter from his squad leader in Vietnam.
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 AR20090021467, on 15 July 2011.
2. The applicant submits a letter from a unit member not previously reviewed by the ABCMR; therefore, this is considered new evidence and as such warrants consideration by the Board.
3. He was inducted into the Army on 8 April 1968. He was trained in and awarded the military occupational specialty of light weapons infantryman.
4. A DA Form 20 (Enlisted Qualification Record) showed in item 31 (Foreign Service) he served in Vietnam during the period 2 September 1968 through 24 July 1969.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214, as corrected by two DD Form 215s (Correction to DD Form 214) did not show the BSM.
6. His record was void of documentation showing he was awarded the BSM.
7. The U.S. Army Human Resources Command (HRC) Military Awards Branch informed him they were unable to locate general orders authorizing him the BSM.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army HRC, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding the BSM to the applicant.
9. The applicant provided a copy of a letter from Mr. E_____, a squad leader in Vietnam, dated 14 June 2011. Mr. E_____ stated he served 11 months in Vietnam, was a squad leader in combat against hostile forces, and was awarded the BSM, for which he attached his BSM certificate. Mr. E_____ stated the applicant served with him in his unit. He stated the applicant served with honor and distinguished himself in many ground operations against hostile forces and that his service in Vietnam was invaluable to the mission. He stated the applicant was deserving of the BSM.
10. 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:
The letter from a squad leader from his unit in Vietnam does not provide any new evidence showing he was formally recommended for the award, that a formal recommendation was approved by the appropriate authority, or the award was announced in orders as required. There is no evidence of record he was approved for award of the BSM. Therefore, regrettably, in the absence of such documentation this award cannot be added 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 AR20090021467, dated 15 July 2011.
___________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) AR20110015066
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ABCMR Record of Proceedings (cont) AR20110015066
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