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ARMY | BCMR | CY2007 | 20070015173
Original file (20070015173.txt) Auto-classification: Approved

	IN THE CASE OF:	  

	BOARD DATE:	  22 May 2008

	DOCKET NUMBER:  AR20070015173 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Department of the Army, Review Boards Agency, Support Division, St. Louis Permanent Orders 103-02, dated 13 April 2005, be amended to state, “As reads:  Awarded the Bronze Star Medal” as recommended in the Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Docket Number AR20040003688, dated 17 February 2005.

2.  The applicant states, in effect, that the Army Review Boards Agency, Support Division, St. Louis Permanent Orders 103-02, dated 13 April 2005, do not correct the specific wording as determined by the ABCMR.  He states that the ABCMR did not determine or recommend that award of the Bronze Star Medal (Second Oak Leaf Cluster) as indicated on General Orders Number 133 be revoked.  

3.  The applicant provides a portion of Docket Number AR20040003688, dated 17 February 2005; Permanent Orders 103-02, dated 13 April 2005; and General Orders Number 133, dated 11 December 1974.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a commissioned officer in the Regular Army on 5 June 1968.

2.  The applicant was previously awarded two awards of the Bronze Star Medal.  Headquarters, United States Army Forces, Military Region 2, General Orders Number 89, dated 4 April 1972, show the applicant was awarded the Bronze Star Medal for meritorious service from 27 January 1971 to 27 January 1972.  

3.  Headquarters, U.S. Army Support Element, Military Region 2, General Orders Number 179, dated 15 June 1972, amended Headquarters, United States Army Forces, Military Region 2, General Orders Number 89, dated 4 April 1972, to show the applicant was awarded the “Bronze Star Medal (First Oak Leaf Cluster).”

4.  Headquarters, Fort Stewart, General Orders Number 133, dated 11 December 1974, the portion that pertains to amendment of Section I, General Orders Number 89, dated 4 April 1972, was amended to read:  “Awarded:  Bronze Star Medal (Second Oak Leaf Cluster)” for the period “November 1971 to March 1972.”  This portion of General Orders Number 89 also stated “As Reads: Awarded: Bronze Star Medal (Second Oak Leaf Cluster).”  

5.  The ABCMR Record of Proceedings, Docket Number AR20040003688, dated 17 February 2005, paragraph 1b recommended that Headquarters, Fort Stewart General Orders Number 133, dated 11 December 1974, as pertains to amending General Orders Number 89, dated 4 April 1972, be corrected to state, “As reads:  Awarded the Bronze Star Medal.”  

6.  Department of the Army, Review Boards Agency, Support Division, St. Louis Permanent Orders Number 103-02, dated 13 April 2005, revoked General Orders 133, dated 11 December 1974.  General Order Number 133 amended five other orders of the Bronze Star Medal for the applicant in addition to amending General Orders Number 89.

DISCUSSION AND CONCLUSIONS:

1.  It appears that the Army Review Boards Agency, Support Division, St. Louis Permanent Orders Number 103-02, dated 13 April 2005, erroneously revoked General Orders 133, dated 11 December 1974.  The recommendation in ABCMR Docket Number AR20040003688, dated 17 February 2005, only meant to make a minor correction to one portion of the orders.  

2.  To correct the applicant’s third award of the Bronze Star Medal with the minimum of confusion, it would be best to revoke Permanent Orders Number 103-02, dated 13 April 2005; to revoke that portion of General Orders 133, dated 11 December 1974, which pertains only to amendment of Section I, General Orders Number 89, dated 4 April 1972, as it pertains to the applicant; and revoke Headquarters, United States Army Forces, Military Region 2, General Orders Number 89, dated 4 April 1972, only as it pertains to the applicant.  
3.  New orders should then be issued to show the applicant was awarded the Bronze Star Medal (Second Oak Leaf Cluster) for the period November 1971 to March 1972.

BOARD VOTE:

xx______  xx_____  xx______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  revoking Army Review Boards Agency, Support Division, St. Louis Permanent Orders Number 103-02, dated 13 April 2005;

	b.  revoking that portion of General Orders 133, dated 11 December 1974, which pertains only to amendment of Section I, General Orders Number 89, dated 4 April 1972, as it pertains to the applicant; 

	c.  revoking Headquarters, United States Army Forces, Military Region 2, General Orders Number 89, dated 4 April 1972, only as it pertains to the applicant; and

	d.  issuing orders awarding the applicant the Bronze Star Medal (Second Oak Leaf Cluster) for the period November 1971 to March 1972.




             ___xxx_   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20070015173





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 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20070015173



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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