IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130013308
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 for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal (BSM).
2. The applicant did not provide additional arguments with this request.
3. The applicant provides a BSM Certificate.
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 AR20120005439, on 2 October 2012.
2. The applicant provides a BSM Certificate that was not previously reviewed by the Board. Therefore, the BSM Certificate is considered new evidence which warrants consideration by the Board.
3. The applicant was inducted into the Army on 17 August 1967. On 26 June 1969, he enlisted in the Regular Army for a period of four years.
4. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 14 January to 5 August 1968 and from
31 August 1970 to 6 August 1971. The BSM is not included in item 41 (Awards and Decorations) of his DA Form 20.
5. There are no orders or other evidence in his military records that indicate he was recommended for or awarded the BSM.
6. He was honorably released from active duty on 25 June 1973. The BSM is not listed on his DD Form 214 as an authorized award.
7. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the BSM pertaining to the applicant.
8. He provides a BSM Certificate that indicates he was awarded the BSM for meritorious achievement during the period August 1970 to July 1971.
9. 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 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:
1. The applicant's contention that his DD Form 214 should be corrected to show award of the BSM has been carefully reviewed.
2. There are no orders or other evidence in his military records that show he was awarded the BSM and no orders for the BSM pertaining to him were located in the ADCARS data base.
3. In the absence of orders showing he was awarded the BSM, the certificate the applicant provided is insufficient evidence on which to base correcting his DD Form 214 to show this award.
4. In view of the above, there is no basis to grant the 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 AR20120005439, dated 2 October 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) AR20130013308
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ABCMR Record of Proceedings (cont) AR20130013308
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