IN THE CASE OF:	  

		BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130012918 


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 Member of Congress, reconsideration of his earlier request for correction of his records to show award of the Bronze Star Medal.

2.  The applicant states he disagrees with the Board's decision to deny him the Bronze Star Medal for his actions in Vietnam.  The Board stated he could not receive two awards for the same action/dates of service, and if that is the case, he should be entitled to the Bronze Star Medal.  The Board's decision is based on availability of records; yet, he has a certificate that was actually signed by the Secretary of the Army awarding him the Bronze Star Medal; the Army does not make mistakes or so he was trained to believe.  His request should be reconsidered so he may receive what he has earned.

3.  The applicant provides:

* Congressional correspondence
* Certificate and citation for award of the Bronze Star Medal
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty)
* Original Record of Proceedings



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 AR20120011574, on 8 January 2013. 

2.  The applicant provides a new argument which was not previously considered by the Board.  This constitutes new evidence. 

3.  The applicant's records show he was inducted into the Army of the United States on 4 February 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).  

4.  He served in Vietnam from 6 July 1969 to 22 November 1970.  He was assigned to multiple unit, including the 505th Infantry Regiment, 28th Infantry Regiment, 2nd Infantry Regiment, 27th Infantry Regiment, and 25th Aviation Battalion. 

5.  He was honorably released from active duty on 23 November 1970.  His DD Form 214, as amended by his DD Form 215, does not show the Bronze Star Medal.  

6.  His records contain the following general orders (GO): 

	a.  GO Number 1487, issued by Headquarters, 1st Infantry Division, on 4 February 1970, awarding him the Army Commendation Medal, for meritorious achievement from 30 November 1969 to 18 January 1970 while assigned to the 2nd Battalion, 28th Infantry Regiment.  

	b.  GO Number 10745, issued by Headquarters, 25th Infantry Division, on 1 November 1970, awarding him the Army Commendation Medal, for meritorious achievement from 1 October 1970 to 1 November 1970 while assigned to the 25th Aviation Battalion. 

7.  He provides a certificate, dated 5 March 1970, that shows he was awarded the Bronze Star Medal for meritorious achievement in Vietnam from                   30 November 1969 to 18 January 1970, together with a citation listing his unit as the 2nd Battalion, 28th Infantry, 1st Infantry Division. 



8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists the Army Commendation Medal by authority of GO Number 1487, issued by Headquarters, 1st Infantry Division.  Item 41 does not list the Bronze Star Medal. 

9.  His service record (DA Form 201 (Military Personnel Records Jacket)) does not contain orders awarding him the Bronze Star Medal. 

10.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of GO issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Bronze Star Medal for the applicant. 

11.  Army Regulation 600-8-22 (Military Awards) states: 

	a.  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.  

	b.  Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment. Recommendations for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements which have been previously recognized by award of a decoration.

12.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR will decide cases on the evidence of record. It is not an investigative body.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

13.  Title 10 of the U.S. Code, section 1130 (10 USC 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.

14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, 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.  There is insufficient evidence to support the applicant's contention regarding the Bronze Star Medal.  

2.  Award of the Bronze Star Medal requires a formal recommendation, approval through the chain of command, and announcement in orders.  The applicant's records do not contain and he does not provide the orders that shows he was awarded the Bronze Star Medal.  

3.  Furthermore, by regulation, only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service. The applicant's records contain GO that confirm his award of the Army Commendation Medal for achievement from 30 November 1969 to 18 January 1970.  These are the same dates reflected on the certificate and citation for award of the Bronze Star Medal he provides.  

4.  It is possible the applicant may have been recommended for award of the Bronze Star Medal and was issued a pre-signed certificate; however, the final approving authority may have approved a lesser award of the Army Commendation Medal.  It is equally possible the applicant was never recommended for the Bronze Star Medal but was issued the certificate in error.  Either way, in the absence of the orders, there is insufficient evidence to support his request.  

5.  Nevertheless, while the available evidence is insufficient for adding the Bronze Star Medal to his records, this in no way affects his right to pursue his claim for the bronze Star Medal, or an upgrade of the Army Commendation Medal to an award of the Bronze Star Medal, by submitting a request through his Member of Congress under the provisions of 10 USC 1130, as outlined in Consideration of Evidence section above. 

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 AR20120011574, dated 8 January 2013.



      _______ _   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)                                         AR20130012918





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ABCMR Record of Proceedings (cont)                                         AR20130012918



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