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ARMY | BCMR | CY2012 | 20120006288
Original file (20120006288.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  11 October 2012

		DOCKET NUMBER:  AR20120006288 


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 an earlier request to add the Bronze Star Medal (BSM) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* He was given the BSM and Army Commendation Medal (ARCOM) during a formation on the same day
* Both citations came in a green plastic folder and the medals were in a dark blue hinged case 

3.  The applicant provides:

* An eyewitness statement from a fellow Soldier
* A letter from his wife 

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 AR20110013677, on 26 January 2012.


2.  He provides an eyewitness statement, notarized on 10 February 2012, from a fellow Soldier at the time in question who states:

* He served with the applicant in Vietnam when they were assigned to the 517th Military Intelligence (MI) Detachment
* He was a counter intelligence agent
* The applicant lost his BSM medal during a move
* He was present at a ceremony where the applicant was presented the BSM

3.  He provides a letter from his wife who states:

* Her husband received the BSM
* He displayed it proudly
* She dusted and cleaned his BSM for 32 years
* His medal was lost during a move
* His DD Form 214 is incorrect

4.  The letters provided by the applicant are new evidence that will be considered by the Board. 

5.  The applicant was inducted into the Army of the United States on 18 July 1968.  He served as an interrogator assigned to the 517th MI Detachment in Vietnam from 10 October 1969 to 8 July 1970.  On 8 July 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 

6.  His DD Form 214 shows the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam  Campaign Medal (VCM) with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Two Overseas Service Bars

7.  There are no orders for the BSM in the available records.

8.  Orders, dated 10 April 1970, show he received the ARCOM for meritorious achievement during the period 11 July to 10 December 1969 in Vietnam.



9.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the BSM.  

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, did not reveal BSM orders pertaining to the applicant.

11.  A DD Form 215 (Correction to DD Form 214), dated 2 April 2012, amended his DD Form 214 by adding the ARCOM, Army Good Conduct Medal, VSM with four bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  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 n 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:

There are no orders for the BSM in the available records.  In the absence of orders or other corroborating evidence of record, the letters provided by the applicant alone are not sufficient as a basis for adding this medal to his DD Form 214.  Regrettably, there is insufficient evidence in which to grant the applicant's requested relief.

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 AR20110013677, dated 26 January 2012.




      __________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)                                         AR20120006288



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20120006288



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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