IN THE CASE OF:	

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120008437 


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 previous request to add the "V" device to his Bronze Star Medal (BSM).

2.  The applicant states his BSM was awarded for his heroism in combat and he believes the "V" device should have accompanied this award.

3.  The applicant provides:

* letter, dated 11 April 2012
* self-authored statement
* four letters of recommendation

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 AR20110011126 on 22 November 2011.

2.  The applicant provides a letter, a self-authored statement, and four letters of recommendation which he believes constitute new evidence.  This evidence was not previously considered by the Board; therefore, it warrants consideration.

3.  After having previous enlisted service, the applicant reenlisted in the Regular Army and continued to serve until he was honorably released from active duty on 12 July 1952.  His DD Form 214 issued at the time did not list the BSM with "V" device.

4.  As stated in the previous Record of Proceedings:

	a.  His National Personnel Records Center file includes a memorandum from the Chief, Military Awards Branch, U.S. Total Army Personnel Command (currently known as U.S. Army Human Resources Command (HRC)), dated 25 September 2000, showing his entitlement to the BSM was verified.

	b.  Permanent Orders Number 266-01 issued by the HRC Military Awards Branch on 25 September 2000 announced his award of the BSM for meritorious achievement on 18 February 1952.  The BSM Certificate issued shows this award was authorized for meritorious achievement.

5.  He provided a self-authored statement and four letters of recommendation which essentially describe his actions in combat on 18 February 1952.  The letters he provided were from members of his unit who were either directly participating in combat with him or witnessed his actions.  Each of the letters, including his own self-authored statement, described his actions as heroic.

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-1 states the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

7.  Army Regulation 600-8-22, paragraph 3-14, 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.

8.  Army Regulation 600-8-22, paragraph 6-5, states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with award of the BSM.  The "V" device must be approved by the proper authority and announced in official orders.

9.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, HRC, 
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.  The applicant contends his BSM should have been awarded for heroism instead of meritorious achievement.  

2.  Permanent orders show he was awarded the BSM for meritorious achievement.  Notwithstanding the letters of recommendation he provided, and the fact that his military record was unavailable for review, all personal decorations and formal recommendations for a BSM with "V" device require approval through the chain of command and announcement in orders.

3.  The BSM is awarded for heroic or meritorious achievement or service against an armed enemy; however, the decision to award a decoration and the degree to which that decoration or award is appropriate are subjective decisions made by the commander having award approval authority.  There is no indication that his commander intended to award him a BSM with "V" device.

4.  Nevertheless, while the available evidence is insufficient to correct his records to show he was awarded the BSM with "V" device for heroism, this in no way affects his right to pursue his claim for the BSM with "V" device by submitting a request to HRC through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.


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 AR20110011126, dated 22 November 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)                                         AR20120008437



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ABCMR Record of Proceedings (cont)                                         AR20120008437



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