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ARMY | BCMR | CY2012 | 20120022537
Original file (20120022537.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    6 August 2013

		DOCKET NUMBER:  AR20120022537 


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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded two Bronze Star Medals.

2.  The applicant further requests a third Bronze Star Medal be added to his DD Form 214.

3.  The applicant states the National Personnel Records Center (NPRC) sent him a certificate for award of the Bronze Star Medal.  The certificate shows he was awarded the Bronze Star Medal for service in Vietnam with the 173rd Reconnaissance Unit.  He states the:

* first Bronze Star Medal was awarded for his service in Company K, 75th Airborne Ranger Battalion
* second Bronze Star Medal was awarded by the 4th Infantry Battalion
* third Bronze Star Medal, currently listed on his DD Form 215 (Correction to the DD Form 214), was awarded for his service in the 173rd Reconnaissance Unit 

4.  The applicant provides his certificate for award of the Bronze Star Medal (1st Award), DD Form 214, and DD Form 215.




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 AR20120003622, on 11 September 2012.

2.  The applicant makes the new argument that his DD Form 214 should show three awards of the Bronze Star Medal.  This argument was not previously considered by the Board and, therefore, warrants consideration by the Board.

3.  The applicant enlisted in the Regular Army on 29 January 1970 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

4.  His DA Form 20 (Enlisted Qualification Record) shows he assigned to Vietnam from 4 September 1970 to 21 August 1971 and served with Company E, 4th Battalion (Airborne), 503d Infantry, 173d Airborne Brigade from 27 November 1970 to 21 August 1971.  This form does not list the Bronze Star Medal.

5.  General Orders Number 1603, issued by Headquarters, 173d Airborne Brigade, on 11 July 1971, awarded him the Bronze Star Medal for meritorious service in connection with ground operations against hostile force in the Republic of Vietnam from September 1970 through August 1971.

6.  His records do not contain any evidence showing he was either recommended for or awarded subsequent awards of the Bronze Star Medal.  

7.  He was honorably discharged from active duty on 8 October 1971.  His DD Form 214 does not list the Bronze Star Medal.  However, he was issued a DD Form 215, on 17 October 2012, listing the Bronze Star Medal (1st Award).

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding the applicant a second Bronze Star Medal.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  As with all personal decorations, award of the Bronze Star Medal requires formal recommendations, approval through the chain of command, and announcement in orders.
DISCUSSION AND CONCLUSIONS:

There is no evidence in the available record and the applicant has not submitted evidence to show he was awarded a second or third award of the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, or records showing his chain of approval decided to approve this award, there is insufficient evidence to correct his records to show additional awards of the Bronze Star Medal. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X____  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 AR20120003622, dated 11 September 2012.



      _______ _  X______   ___
               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)                                         AR20120022537





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ABCMR Record of Proceedings (cont)                                         AR20120022537



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