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Decision Text

ARMY | BCMR | CY2003 | 2003086590C070212
Original file (2003086590C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 August 2003
         DOCKET NUMBER: AR2003086590


         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:

Mr. Raymond V. O'Connor Chairperson
Mr. James E. Anderholm Member
Ms. Linda M. Barker 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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Bronze Star Medal (First Oak Leaf Cluster).

3. The applicant states that his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not include award of the Bronze Star Medal (First Oak Leaf Cluster) as referenced in Department of the Army General Orders Number 2952, dated 4 August 1969. In support of his application, the applicant provided a Bronze Star Medal Certificate, DD Form 214, and General Orders.

4. The applicant’s military records show that he entered active duty on 10 January 1960. His record shows that he completed training as an Army Aviator. He served two assignments in Vietnam from 24 March 1966 to 10 March 1967 and 29 September 1968 to 17 September 1969. The applicant continued to serve on active duty until he retired in the rank of Colonel/pay grade O-6 on 31 July 1986, with an honorable characterization of service.

5. The applicant’s DD Form 214 does not show the Bronze Star Medal (First Oak Leaf Cluster) as an authorized award. There are orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal during two different periods of service.

6. The Bronze Star Medal was awarded by Headquarters, 25th Infantry Division General Orders Number 572, dated 13 February 1967.

7. The Bronze Star Medal (First Oak Leaf Cluster) was awarded under U.S. Army Vietnam General Orders Number 2952, dated 4 August 1969.

8. His DA Form 2-1 (Officer Qualification Record) does show award of two Bronze Star Medals in item 9 (Awards, Decorations & Campaigns).

9. 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.

10. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

11. The Board noted that the applicant is eligible for foreign unit awards not shown on his DD Form 214.

12. Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Orders Number 5, dated 1973.

CONCLUSIONS:

1. The Board considered the applicant’s request for award of the Bronze Star Medal with first oak leaf cluster 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 evidence of record which shows that the applicant was awarded the Bronze Star Medal on two different occasions. Therefore, the applicant is entitled to award of the Bronze Star Medal (First Oak Leaf Cluster).

3. General Orders show the applicant is entitled to the Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show this unit award.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal (First Oak Leaf Cluster) and the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

_RVO___ ___JEA__ __LMB__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________RVO_____________
                  CHAIRPERSON




INDEX

CASE ID AR2003086590
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030814
TYPE OF DISCHARGE
DATE OF DISCHARGE 19860731
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0014.0000
2.
3.
4.
5.
6.


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