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Decision Text

ARMY | BCMR | CY2015 | 20150001013
Original file (20150001013.txt) Auto-classification: Denied

		IN THE CASE OF:	    

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150001013 


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 award of the Bronze Star Medal.  

2.  The applicant states, in effect, that he read an article in the Vietnam Veterans of America Magazine informing him that Soldiers who were awarded a Combat Medical Badge or a Combat Infantryman Badge in Vietnam were automatically awarded the Bronze Star Medal for meritorious achievement.  His Combat Medical Badge was awarded in the Republic of Vietnam (RVN) on 28 August 1971.  

3.  The applicant stated, in effect, that he has a DD Form 215 (Correction to 
DD Form 214).  However, he is unable to provide a copy to the Board reflecting his Combat Medical Badge at this time, because he has a certified copy.  He also stated the Board can verify his Combat Medical Badge through the National Personnel Records Center, St. Louis, MO.

4.  The applicant provides no additional evidence.

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 AR1999021939 on 25 March 1999.
2.  The applicant provided a new argument stating that a magazine article informed him that Soldiers who were awarded the Combat Medical Badge or the Combat Infantryman Badge for service in Vietnam were automatically awarded the Bronze Star Medal.  This argument requires consideration by the Board.

3.  The applicant enlisted in the Regular Army on 29 April 1970.  He completed the training requirements and he was awarded military occupational specialty (MOS) 91A (Medical Corpsman).  

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 22 (MOS) he was awarded primary MOS 91B2O on 23 June 1970.

	b.  item 31 (Foreign Service) he served in the RVN from 14 June to 29 November 1971.

	c.  item 41 (Awards and Decorations) the entries for the Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal, Bronze Star Medal, Purple Heart, and RVN Campaign Ribbon were lined through.  

5.  His service record does not include a recommendation or orders for award of the Bronze Star Medal.

6.  On 31 December 1971, he was discharged after completing 1 year, 7 months, and 22 days of active military service.

7.  His DD Form 214 did not include the Bronze Star Medal.  However, on 27 July 1988, his DD Form 214 was amended to add the Vietnam Service Medal and RVN Campaign Medal with Device (1960).

8.  On 10 August 1992, his DD Form 214 was further amended to add the Purple Heart, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Combat Medical Badge, RVN Gallantry Cross with Palm Unit Citation Badge, RVN Campaign Ribbon with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.  

9.  Both DD Forms 215 are included in the available evidence.

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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for award of the Bronze Star Medal pertaining to the applicant.

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

12.  Army Regulation 600-8-22 provides that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service during that period was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders for award of the Bronze Star Medal.  This means, in effect, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that as a result of magazine article he was informed that Soldiers who were awarded a Combat Medical Badge or a Combat Infantryman Badge in Vietnam were automatically awarded a Bronze Star Medal for meritorious achievement was carefully considered.

2.  However, Army Regulation 600-8-22 provides that the Bronze Star Medal was awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medical Badge for service during World War II.

3.  The evidence of record shows the applicant served during the Vietnam War.  Therefore, he is not eligible for award of the Bronze Star Medal based on his award of the Combat Medical Badge.






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 AR1999021939, dated 25 March 1999. 



      _______ _   _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)                                         AR20150001013



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ABCMR Record of Proceedings (cont)                                         AR20150001013



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