RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             November 25, 2003                  
	DOCKET NUMBER:    AR2003090759

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that the Bronze Star Medal with "V" Device be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, that the Military Awards Branch, Human Resources Command (formerly the U.S. Total Army Personnel Command) made the award on 12 July 2001, and it has not been added to his service record.

3.  The applicant provides a copy of letters addressed to the applicant from the Chief, Military Awards Branch, dated 6 March 2003, and from this Board dated 17 October 2002, and a self authored letter, which gives the Board an update pertinent to his quest for award of the Silver Star and other issues.

CONSIDERATION OF EVIDENCE: 

1.  On 27 April 2001, a United States Representative in Congress from the State of California referred a recommendation to the Military Awards Branch for award of the Silver Star to the applicant for his heroic actions on 1 December 1944.

2.  The recommendation for award of the Silver Star was considered by the Army Decorations Board but the board determined that the degree of action displayed did not meet the strict criteria for the proposed award and instead recommended award of the Bronze Star Medal with "V" Device for valor.

3.  The Commanding General, United States Total Army Personnel Command, on behalf of the Secretary of the Army, approved the award of the Bronze Star Medal with "V" Device for valor.

4.  The applicant was awarded the Bronze Star Medal with "V" Device for Valor by Permanent Orders 213-1, published by the U.S. Total Army Personnel Command, dated 1 August 2001.

5.  On 1 August 2001, the Military Awards Branch notified the applicant's member of Congress about the approved award and that the criteria for award of the Silver Star had not been met.  He [the congressman] was provided with the permanent orders announcing the award, the Bronze Star Medal Certificate, and the engraved medal set.  An indication was made in this letter that the National Personnel Records Center was provided the same information so that the applicant's Official Military Personnel File could be updated.

6.  On 24 September 2002, the applicant wrote a letter to the Military Awards Branch concerning his desire to have the award of the Bronze Star Medal with "V" Device for valor upgraded to a Silver Star.

7.  In the letter of reply addressed to the applicant from the Chief, Military Awards Branch, dated 6 March 2003, he was notified that Department of Defense policy allows for reconsideration of an award recommendation only if there is substantive new evidence presented that was not previously considered by the board.  The Military Awards Branch notified him that, regrettably, without substantive new evidence, to include an official unit report of the action, and eyewitness affidavits, his request for reconsideration could not be approved.

8.  In the letter that the applicant included with his DD Form 149, Application for Correction of Military Record, the applicant states that he was completely unaware that the Bronze Star Medal with "V" Device for valor had been awarded, and that it had been awarded as far back as 12 July 2001.  He further states that he received no notice and no medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Bronze Star Medal with "V" Device for Valor.  

2.  There is no evidence that the Bronze Star Medal with "V" Device for Valor was added to his separation document.  It would be appropriate to do so at this time.

BOARD VOTE:

_LEM___  __YM___  ___RO___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected 

by adding the Bronze Star Medal with "V" Device for Valor to the applicant's DD Form 214 at this time to appear as follows: Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003090759	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  60	107.0015	
3.		
4.		
5.		
6.