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ARMY | BCMR | CY2002 | 2002074236C070403
Original file (2002074236C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 24 September 2002
         DOCKET NUMBER: AR2002074236

         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Kenneth W. Lapin Member
Mr. Donald P. Hupman 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 records to show award of the Bronze Star Medal for service during Operation Desert Shield/Operation Desert Storm.

APPLICANT STATES: That he was recommended for award of the Bronze Star Medal by his platoon sergeant while he was still in Saudi Arabia. He states that an entry was made on his DA Form 2-1 (Personnel Qualification Record) to show the Bronze Star Medal. He states that he had the entry removed from his records because he did not have support documentation for award of the Bronze Star Medal. In support of his application, he submits a supplemental letter, two copies of his DA Form 2-1, two general orders, and a by-name listing.

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

The applicant enlisted in the Regular Army on 18 July 1977 for a period of three years. He successfully completed basic and advanced individual training at Fort Leonard Wood, Missouri. He continued to serve on active duty through a series of reenlistments and served in Germany, Panama, Somalia, and Saudi Arabia. After completion of twenty years of service, the applicant was retired on 31 July 1997 in the rank of sergeant.

The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated in his own hand at the time of his separation from the Service, does not show the Bronze Star Medal as an authorized award.

The applicant's DA Form 2-1 prepared on 12 September 1980 shows the entry "BSM" in item 9 (Awards, Decorations and Campaigns).

There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal. The applicant did not provide a copy of orders or an award certificate in support of his claim for this award.

His DA Form 2-1 prepared on 15 May 1995 does not show any entry in item 9 for award of the Bronze Star Medal.

Army Regulation 600-8-22 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.





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 Board considered the applicant's contention that he was recommended for award of the Bronze Star Medal by his platoon sergeant; however, there is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal in this case.

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

AAO_____ KWL_____ DPH_____ DENY APPLICATION



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




INDEX

CASE ID AR2002074236
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020924
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 107.0014
2.
3.
4.
5.
6.


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