MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 30 April 2002
         DOCKET NUMBER: AR2002067085

         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:

Mr. Arthur A. Omartian		Chairperson
Mr. Hubert O. Fry		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)

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APPLICANT REQUESTS: That two revoked orders for award of the Bronze Star Medal be restored.

APPLICANT STATES: In effect, that he was awarded seven awards of the Bronze Star Medal; however, two awards of the Bronze Star Medal were amended and two awards were revoked. In support of his application, he submits a copy of the amendment orders, dated 15 August 1975; amendment and revocation orders, dated 15 August 1975; amendment of orders, dated
2 June 1975; amendment of orders, dated 13 May 1975; amendment of orders, dated 26 December 1974; amendment of orders, dated 4 December 1974; amendment of orders, dated 29 January 1974; seven orders for award of the Bronze Star Medal; a letter of explanation, dated 25 October 2001; DA Form
67-6 (U.S. Army Officer Efficiency Report) for the period covering 16 March 1970 to 12 July 1970; a letter, dated 22 March 1976; and an award certificate, dated 28 March 1973.

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

The applicant retired in the rank of Chief Warrant Officer Three on 31 July 1976 after completing over 30 years of active duty.

1st Cavalry Division (Airmobile) General Orders Number 3505, dated 26 June 1967, show the applicant was awarded the Bronze Star Medal for meritorious service for the period July 1966 to July 1967.

1st Cavalry Division (Airmobile) General Orders Number 12897, dated
21 October 1969, show the applicant was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious achievement for the period 1 August 1969 to
20 August 1969.

1st Cavalry Division (Airmobile) General Orders Number 5513, dated
10 April 1970, show the applicant was awarded the Bronze Star Medal (Second Oak Leaf Cluster) for meritorious achievement for the period 21 January 1970 to 20 February 1970.

1st Cavalry Division (Airmobile) General Orders Number 7152, dated 6 May 1970, show the applicant was awarded the Bronze Star Medal (Third Oak Leaf Cluster) for meritorious service for the period July 1969 to July 1970. Department of the Army Letter Orders - Amendment and Revocation of Orders, dated 15 August 1975, revoked this award of the Bronze Star Medal.

1st Cavalry Division (Airmobile) General Orders Number 13687, dated
29 July 1970, show the applicant was awarded the Bronze Star Medal (Fourth Oak Leaf Cluster) for meritorious achievement for the period April 1970 to June 1970. Department of the Army Letter Orders - Amendment and Revocation of Orders, dated 15 August 1975, amended this award of the Bronze Star Medal to read “Award of the Bronze Star Medal (Third Oak Leaf Cluster).”

U.S. Army Support Element, Military Region 2, General Orders Number
22, dated 2 February 1973, show the applicant was awarded the Bronze Star Medal (Fourth Oak Leaf Cluster) for meritorious achievement for the period
28 July 1972 to 13 January 1973. Department of the Army Letter Orders - Amendment and Revocation of Orders, dated 15 August 1975, revoked this award of the Bronze Star Medal.

U.S. Army Support Element, Military Region II, General Orders Number
84, dated 10 February 1973, show the applicant was awarded the Bronze Star Medal (Fifth Oak Leaf Cluster) for meritorious service for the period 20 July 1972 to 28 March 1973. Department of the Army Letter Orders - Amendment and Revocation of Orders, dated 15 August 1975, amended this award of the Bronze Star Medal to read “Award of the Bronze Star Medal (Fourth Oak Leaf Cluster).”

The applicant’s retirement DD Form 214 (Report of Separation from Active Duty) shows the Bronze Star Medal (Fourth Oak Leaf Cluster) as an authorized award.

Paragraph 1-20 of Army Regulation 672-5-1 (Military Awards), in effect at the time, states that only one award will be made for the same act, achievement, or period of meritorious service. An award for meritorious service may include meritorious achievements, but duplicating awards will not be made for meritorious achievement and meritorious service involving the same period of time. If an award for meritorious service is approved for a period during which an award for meritorious achievement was approved, the meritorious service award will supersede the achievement award and orders pertaining to the service will so indicate. Continuation of the same or similar type service already recognized by an award for meritorious service will not be the basis for a second award. If appropriate, an award may be made to include the extended period of service by superseding the earlier award or the award previously made may be amended to incorporate the extended period of service.

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. The governing awards regulation, in effect at the time, states that only one award will be made for the same act, achievement, or period of meritorious service. An award for meritorious service may include meritorious achievements, but duplicating awards will not be made for meritorious achievement and meritorious service involving the same period of time. If an award for meritorious service is approved for a period during which an award for meritorious achievement was approved, the meritorious service award will supersede the achievement award and orders pertaining to the service will so indicate.

2. Evidence of record shows the applicant received three awards of the Bronze Star Medal for meritorious achievement for the periods 1 August 1969 to
20 August 1969; 21 January 1970 to 20 February 1970; and April 1970 to June 1970.

3. The applicant also received an award of the Bronze Star Medal for meritorious service for the period July 1969 to July 1970. Department of the Army Letter Orders – Amendment and Revocation of Orders, dated 15 August 1975, revoked this award of the Bronze Star Medal for meritorious service.

4. The Board noted the applicant’s request that the Bronze Star Medal for meritorious service (July 1969 to July 1970) be restored. The Board also noted this Bronze Star Medal for meritorious service overlapped the applicant’s three awards of the Bronze Star Medal for meritorious achievement. Therefore, in accordance with the governing regulation, the applicant’s three awards of the Bronze Star Medal for meritorious achievement for the periods 1 August 1969 to 20 August 1969; 21 January 1970 to 20 February 1970; and April 1970 to June 1970, should have been revoked, instead of his award for meritorious service for the period July 1969 to July 1979.

5. The Board noted the applicant’s request that his award of the Bronze Star Medal for achievement during the period 28 July 1972 to 13 January 1973 be restored. However, evidence of record shows the applicant received an award of the Bronze Star Medal for meritorious service for the period 20 July 1972 to
28 March 1973 which in accordance with the regulation supercedes the Bronze Star Medal awarded during the same period for achievement. Therefore, the
action by the Department of the Army Letter Orders – Amendment and Revocation of Orders, dated 15 August 1975, properly revoked the applicant’s award of the Bronze Star Medal for meritorious achievement for the period
28 July 1972 to 13 January 1973.

6. Based on all of the foregoing, the Board concluded that the Bronze Star Medals for achievement covering the periods of service from 1 August 1969 to
20 August 1969; 21 January 1970 to 20 February 1970; and April 1970 to June 1970, should have been revoked.

7. Under Title 10, United States Code, Section 1552 as practiced by the Army Board for Correction of Military Records (ABCMR), the mandate to correct an error or injustice refers to matters adversely affecting the applicant’s position. Traditionally, the ABCMR has declined to remove an entitlement which has been extended erroneously to applicants by other Army agencies. This position is consistent with the policy of encouraging applicant’s to apply to the ABCMR without review of matters unrelated to those raised by the applicant.

8. As a result of all of the foregoing, the Board has determined:

         a. The applicant has not presented compelling evidence or argument which warrants restoration of the two Bronze Star Medals revoked by Department of the Army Letter Orders – Amendment and Revocation of Orders, dated 15 August 1975.

         b. The applicant is currently entitled to five awards of the Bronze Star Medal.

         c. The effective relief in this case results in the applicant’s entitlement to only three awards of the Bronze Star Medal.

         d. If executed strictly in accordance with regulation, action by the Board in this case substantially disadvantages the applicant in that he would only be entitled to three awards of the Bronze Star Medal instead of the five awards of the Bronze Star Medal to which he now holds.

9. In view of the foregoing, there is no basis for granting the applicant's request to restore awards of the Bronze Star Medal as requested or for the Board to further amend or revoke awards of the Bronze Star Medal in excess of that already directed by the Department.

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

AAO____ HOF____ TEO_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002067085
SUFFIX
RECON
DATE BOARDED	20020430
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	121.0300
2.
3.
4.
5.
6.