IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130005828
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 earlier petition to add the Bronze Star Medal (BSM) to his military record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
a. shortly before his tour ended in Vietnam, Major General (MG) C. P. S______ awarded him the BSM on 28 May 1968 and
b. an error occurred when his BSM was not added to his military record or listed on his DD Form 214.
3. The applicant provides:
* Member of Congress letter, dated 11 February 2013
* a letter, dated 28 May 1968 with postmarked envelope
* a photocopied newspaper article
* a copy of the original Army Board for Correction of Military Records (ABCMR) proceedings
* DD Form 214
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 ABCMR in Docket Number AR20120007974 on 20 November 2012.
2. The applicant provides an article from "The Eagle" newspaper titled
"B_____ S_____ Awarded Medal in Vietnam" which was not submitted with his original application. This new evidence shows the applicant was serving his second tour in Vietnam at the time of its publication and it cites the MG's letter addressed to his parents notifying them of his award of the BSM with "V" Device.
3. During its original review of the case, the Board determined the applicant's record was void of any documents or orders indicating he was ever recommended for or awarded the BSM by proper authority during his active duty tenure. It further determined that absent any evidence or record corroborating the information contained in the MG's letter provided by the applicant or showing he was ever awarded the BSM with "V" Device, there was an insufficient evidentiary basis to support granting his request for this award. Accordingly, his request was denied.
4. The applicant's military record shows he enlisted in the Regular Army on 21 September 1964. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).
5. His DA Form 20 (Enlisted Qualification Record) shows he twice served in the Republic of Vietnam from 23 August 1965 to 24 February 1967 and from 6 August 1967 to 5 August 1968. The BSM is not included among its list of awards.
6. On 5 August 1968, he was honorably released from active duty having completed 3 years, 10 months, and 15 days of creditable active duty service. The BSM is not included among the list of awards shown on his DD Form 214.
7. His military record remains void of any orders or any other documents to show he was awarded or recommended for award of the BSM.
8. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 3-14 contains guidance on award of the BSM and states, in pertinent part, that it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was awarded the BSM. However, there are no orders or any other corroborating evidence in his record and to show he was ever recommended for or awarded the BSM by proper authority during his military service. The MG's letter and the news article he now provides indicate he was awarded the BSM with "V" Device for valor on 25 May 1968. Unfortunately, there is no available official documentation in his service records to support the new evidence he provides.
2. In view of the above, the applicant's request should be denied.
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 AR20120007974, dated 20 November 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) AR20120008787
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130005828
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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