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ARMY | BCMR | CY2001 | 2001060339C070421
Original file (2001060339C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 23 October 2001
         DOCKET NUMBER: AR2001060339

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

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Shirley Powell Chairperson
Mr. Allen L. Raub Member
Mr. Thomas E. O’Shaughnessy Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal.

APPLICANT STATES: That he never received the Bronze Star Medal.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted on 19 July 1990 for a period of 4 years. He served as an armor crewman in Germany and Saudi Arabia and was honorably discharged on 29 March 1993 by reason of physical disability without severance pay.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal as an authorized award.

There are no orders in the applicant’s service personnel records which shows that he was awarded the Bronze Star Medal and there is no evidence that he was recommended for award of the Bronze Star Medal.

Item 9 (Award, Decorations & Campaigns) on the applicant’s DA Form 2-1 (Personnel Qualification Record) does not show entitlement to the Bronze Star Medal.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows the applicant was recommended for or awarded the Bronze Star Medal. Therefore, the applicant is not entitled to correction of his DD Form 214 to show award of the Bronze Star Medal.

2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

SP_____ ALR_____ TEO____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001060339
SUFFIX
RECON
DATE BOARDED 20011023
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 107.0014
2.
3.
4.
5.
6.


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