IN THE CASE OF:	  

		BOARD DATE:	        03 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080002804 


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, reconsideration of his previous request for correction of his records to show that he received more than one Bronze Star Medal.  He also requests that his records be corrected to show that he was discharged in the rank of sergeant (E-5).

2.  The applicant states that his identification card shows that he was a sergeant not a specialist five.

3.  The applicant provides in support of his application, a copy of his Armed Forces of the United States Identification Card; a copy of a certificate that reads that he was awarded the Bronze Star Medal (Second Oak Leaf Cluster) on 1 March 1970; a copy of a certificate that reads that he was awarded the Bronze Star Medal on 1 March 1970; a copy of Letter Orders Number 33-3, dated 2 February 1970; and a copy of Permissive Orders for Out-of-Country Travel dated 16 February 1970.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060015196, on 17 May 2007.

2.  The applicant was inducted into the Army in Los Angeles, California, on 7 May 1968.  He successfully completed his training as an armor crewman.

3.  The applicant’s records show that he was promoted to the pay grade of E-2 on 12 July 1968, he was promoted to the pay grade of E-3 on 10 October 1968, and he was promoted to the pay grade of E-4 on 29 January 1969.

4.  The applicant was transferred to Vietnam on 2 February 1969.

5.  On 14 January 1970, Special Orders Number 14 were published promoting the applicant to the rank of specialist five (E-5) effective 8 January 1970.

6.  On 27 January 1970, General Orders Number 1084 were published awarding him the Bronze Star Medal effective March 1970 for meritorious achievement from March 1969 through March 1970.

7.  On 14 March 1970, the applicant returned to the Continental United States and he was honorably released from active (REFRAD) under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee.

8.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal and the Bronze Star Medal.  His DD Form 214 also shows that he was discharged in the rank and pay grade of specialist five (E-5).

9.  In an application to this Board dated 24 October 2006, the applicant requested correction of his records to show that he was awarded three Bronze Star Medals and that he was promoted to the rank of sergeant.

10.  On 17 May 2007, the Board corrected the applicant’s records to show that he was awarded the Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Pistol Bar (Cal .45 Pistol), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one bronze service star for inclusion on his Vietnam Service Medal.  However, the Board denied the applicant’s request for correction of his records to show that he was promoted to sergeant and he was informed of his requirement to exhaust his administrative remedies under the provisions of Section 1130, Title 10, United States Code, for award of the second and third Bronze Star Medals.

11.  A review of the available records does not show that the applicant ever exhausted his administrative remedies under the provisions of Section 1130, Title 10, United States Code, for award of the second and third Bronze Star Medals as he was previously informed.

12.  The applicant now submits a copy of his Armed Forces of the United States Identification Card that shows his rank as sergeant, a copy of a certificate awarding him the Bronze Star Medal on 1 March 1970 for meritorious achievement in ground operations against a hostile force from March 1969 through March 1970, and a copy of a certificate awarding him the Bronze Star Medal (Second Oak Leaf Cluster) 1 March 1970 for meritorious achievement in ground operations against a hostile force from 1 December 1969 through 10 February 1970.  These periods of meritorious achievement are overlapping periods.

13.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant now submits a copy of his Armed Forces of the United States Identification Card that shows his rank as sergeant, there are no orders in the available record and the applicant has not submitted any orders to show that he was ever promoted to the rank of sergeant.

2.  Special Orders Number 14 were published on 14 January 1970 promoting him to the rank of specialist five effective 8 January 1970.  Therefore, he was properly REFRAD in the rank of specialist five and there is not sufficient justification for changing his rank.

3.  General Orders Number 1084 were published on 27 January 1970 awarding him the Bronze Star Medal for meritorious service from March 1969 through March 1970.  While the applicant has submitted a certificate that indicates that he was awarded the Bronze Star Medal (Second Oak Leaf Cluster), there are no orders in the available records awarding him a second and third award of the Bronze Star Medal.  Additionally, the periods of service for which his certificates indicate he was awarded the Bronze Star Medal are overlapping periods.  In accordance with the applicable regulation, only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  As such, he is not entitled to any additional awards of the Bronze Star Medal.

4.  In order to justify correction of a military record, the applicant must show 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.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20060015196, dated 17 May 2007.



      ___        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)                                         AR20080002804





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080002804



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1