MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            14 April 1999      
	DOCKET NUMBER:   AR1998012882

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L.Wolff 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Bronze Star Medal (BSM) and the “Campaign Ribbon” for going into Cambodia in May 1970.  

APPLICANT STATES:  In effect, that in October 1997 he was informed by the head medic of his infantry division in Vietnam that he should have received a BSM and campaign ribbon for being in Cambodia in May 1970.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted on 11 April 1969.  He successfully completed basic and advanced individual training and was transferred to Vietnam for duty as an infantryman indirect fire crewman.  He served in Vietnam from 7 September 1969 through 19 August 1970 and was honorably separated in the pay grade of E-5 on 9 April 1971.

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the BSM or a “Campaign Ribbon” for operations in Cambodia as authorized awards.

Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record), which was authenticated in his own hand, does not show the BSM or a “Campaign Ribbon” for operations in Cambodia.

A DD Form 215 was issued on 14 March 1989 amending the applicant’s
DD Form 214 with a separation date of 9 April 1971 to show award of the Soldier’s Medal, Purple Heart with Oak Leaf Cluster, National Defense Service Medal, Vietnam Service Medal with 4 bronze service stars, Combat Infantryman Badge and the Republic of Vietnam Campaign Ribbon with Device (1960).

There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the BSM.

Army Regulation 600-8-22 (Military Awards) prescribes a list of service and campaign medals.  There is no campaign ribbon listed for operations in Cambodia in May 1970.   

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.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board noted the applicant’s contention that he was informed by his head medic in Vietnam that he should have received the BSM.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received the BSM.  Therefore, he is not entitled to this award.

2.  The evidence of record shows a campaign ribbon was not awarded for operations in Cambodia in May 1970.  Therefore, the applicant is not entitled to this award.   

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

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

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

KLW____  AAO____  TBR_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012882	
SUFFIX		
RECON		
DATE BOARDED	19990414	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710409	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	ETS	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.