PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 August 2001 
	DOCKET NUMBER:   AR2001059322

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Ms. Gail J. Wire		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 (Report of Transfer or Discharge) to show award of the Bronze Star Medal (First Oak Leaf Cluster). 

3.  The applicant states, in effect, that this award is not shown on his discharge document.  In support of his application, he submits a copy of his DD Form 214; and orders, a citation and an award certificate for award of the Bronze Star Medal (First Oak Leaf Cluster). 

4.  The applicant’s military records show that he was ordered to active duty on 
18 July 1967.  He served as a field artillery unit commander in Vietnam from 
14 July 1968 through 9 June 1969 and was honorably released from active duty on 13 June 1969.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show any award of the Bronze Star Medal as an authorized award. 

6.  There are no orders for any award of the Bronze Star Medal in the available records.  Item 21 (Awards and Decorations) on the applicant’s DA Form 
66 (Officer Qualification Record) does not show entitlement to any award of the Bronze Star Medal.

7.  The applicant provided a copy of 9th Infantry Division General Orders, dated 11 June 1969, which shows he was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service during the period July 1968 to June 1969.  He provided a citation for award of the Bronze Star Medal (First Oak Leaf Cluster) for the period July 1968 to June 1969.  He also provided an award certificate, dated 11 June 1969, for award of the Bronze Star Medal (First Oak Leaf Cluster) for meritorious achievement during the period July 1968 to June 1969.   

8.  Army Regulation 600-8-22 (Military Awards) 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
  
CONCLUSIONS:

1.  Notwithstanding the General Orders, citation and award certificate for award of the Bronze Star Medal (First Oak Leaf Cluster) provided by the applicant, there are no orders available to the Board for the applicant’s first award of the Bronze Star Medal.
2.  There is no evidence in the available records which shows he was awarded any award of the Bronze Star Medal.  The applicant’s officer qualification record does not show entitlement to any award of the Bronze Star Medal and he signed his DD Form 214 attesting to the fact he was not entitled to any award of the Bronze Star Medal.  

3.  Given these facts, it is likely that the General Orders, citation and award certificate awarded to the applicant was for the Bronze Star Medal, not the Bronze Star Medal (First Oak Leaf Cluster).  Therefore, the Board concludes that the applicant is entitled to correction of his DD Form 214 to show only one award of the Bronze Star Medal.

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

INW____  FNE____  GJW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001059322	
SUFFIX		
RECON		
DATE BOARDED	20010809	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.