IN THE CASE OF: BOARD DATE: 6 April 2022 DOCKET NUMBER: AR20210015787 APPLICANT REQUESTS: reconsideration of his previous requests for award of: * Bronze Star Medal (BSM) with "V" device (Second Oak Leaf Cluster) * Purple Heart * Air Medal APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * Online DD Form 149 (Application for Correction of Military Record), * Headquarters (HQ), 101st Airborne Division, General Orders (GO) Number 8930, 16 July 1969 * HQ, 101st Airborne Division, GO Number 9656, 26 July 1969 * HQ, 101st Airborne Division, GO Number 10570, 15 August 1969 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 30 September 1969 FACTS: 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, 15 October 1997. 2. The applicant provided new documentary evidence and new arguments that were not previously considered by the Board that warrant consideration at this time. 3. The applicant states he requested correction of his DD Form 214 in 1997 by showing awards not listed but the ABCMR order to complete this action was not completed. 4. The Board will only consider the applicant's request for the BSM with "V" Device (Second Oak Leaf Cluster) [3rd Award], as the remaineder of the awards the applicant requested are reflected on his DD Form 215 (Correction to DD Form 214), dated 7 April 1998. 5. On 10 January 1968, the applicant was inducted into the Army of the United States, he completed basic training, and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 6. He completed service in Vietnam from 6 August 1968 to 14 August 1969. 7. Headquarters, 101st Airborne Division issued: GO: * GO Number 8930, 16 July 1969 awarding him BSM with "V" device (First Award) for heroism in ground combat in Vietnam on 12 May 1969 * GO Number 13798, awarding him BSM with "V" device (Second Oak Leaf Cluster) for heroism in ground combat in Vietnam on, 18 July 1969 8. On 30 September 1969, he was honorably released from active duty. His DD Form 214 and subsequently issued DD Form 215 show award of the BSM with "V" Device (First Oak Leaf Cluster) [2nd Award]. 9. His records contain no orders showing he was awarded a third BSM. 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 any orders for the BSM (Third Award) pertaining to the applicant. 11. By regulation (AR 600-8-22, Military Awards) award of the BSM requires formal recommendations, approval through the chain of command, and announcement in orders. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records Board found insufficient evidence to show the applicant was award a Bronze Start Medal with V device (3rd Award). The Board agreed that a reversal on the previous award of the Bronze Star Medal w/ V Device (3rd Award) determinations is not warranted. Therefore, relief was denied. 2. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The Board determined despite the absence of the applicant’s service records, they agreed the burden of proof rest on the applicant, however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant contentions of being awarded a Bronze Star Medal w/V Device (3rd Award). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number 15 October 1997. 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. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. a. Awards may be made for acts of heroism, which are of lesser degree than required for the award of the Silver Star. b. When the Bronze Star Medal is awarded for heroism, a bronze letter "V" (for valor) is worn on the suspension and service ribbon of that medal. c. The Bronze Star Medal may be awarded for meritorious achievement or meritorious service to recognize single acts of merit or meritorious service. d. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015787 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1