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ARMY | BCMR | CY2003 | 2003086224C070212
Original file (2003086224C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 July 2003
         DOCKET NUMBER: AR2003086224


         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. Gerard W. Schwartz Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Walter T. Morrison Member
Mr. Thomas E. O'Shaughnessy 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)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests award of the Bronze Star Medal.

3. The applicant states that he believes he was put in for a Bronze Star Medal based upon combat action of 10 March 1970.

4. The applicant’s military records show that he entered active duty on 5 March 1971. His record shows that he completed training in Military Occupation Specialty (MOS) 11B (Light Weapons Infantryman). He served in L Troop, 3d Squadron, 11th Armored Cavalry Regiment while stationed in Vietnam from 3 August 1969 through 14 March 1970. His highest pay grade achieved was E-4. The applicant was separated from active duty on 5 March 1971 with an honorable characterization of service.

5. The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award. 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.

6. The applicant's DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) 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.

7. 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

8. The Board noted that the applicant did not receive credit for the campaigns in which he served in Vietnam and overseas service.

9. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or item 39 of the DA Form 20. The regulation states that authorized bronze service stars will be worn on the appropriate service medal.








10. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

11. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

CONCLUSIONS:

1. The Board considered the applicant’s request for award of the Bronze Star Medal and the documents which he submitted in support of his claim. The Board also reviewed the available service personnel and medical records.

2. The Board noted there is no evidence of record which shows that he was awarded the Bronze Star Medal and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, the applicant is not entitled to award of the Bronze Star Medal.

3. Evidence of record shows the applicant served in two campaigns (Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970) during his service in Vietnam. Therefore, he is entitled to the Vietnam Service Medal with two bronze service stars.

4. Evidence of record shows the applicant completed qualifying service for award of one Overseas Service Bar. Therefore, he is entitled to correction of his records to show award of one Overseas Service Bar.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Vietnam Service Medal with two bronze stars and award of one Overseas Service Bar.


2. That so much of the application as pertains to the award of the Bronze Star Medal is denied

BOARD VOTE:

__MKP__ __WTM__ _TEO___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________MKP_________
                  CHAIRPERSON




INDEX

CASE ID AR2003086224
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030729
TYPE OF DISCHARGE
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0000.0000
2.
3.
4.
5.
6.


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