MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:.

	BOARD DATE:            19 November 1998                  
	DOCKET NUMBER:   AC98-10381

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis		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).  

APPLICANT STATES:  That, in effect, he is entitled to the BSM for sustained and conspicuous action under fire as a combat medic.  He contends the lack of orders for a BSM was an oversight.  He also contends an injustice was done to him by his unit and states in an 8 April 1997 letter “My records were either lost or those responsible failed in their duty to recognize my contributions as a combat medic attached to a light infantry regiment.  While I do not wish to suggest that race played a part (I am a Black American), I do not think that this fact should not be totally ignored.”  In support of his application, he submits a personal letter, a copy of his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from active Duty) and an 8 April 1997 letter.  The documents provided by the applicant were presented to the Board.  (Note:  The Board notes the applicant requests that the Board contact members of his former unit to obtain evidence).  

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

The applicant entered active duty on 2 October 1967, served as a medical corpsman in Vietnam from 22 March 1968 through 6 September 1968 and was separated on 24 January 1969.

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the BSM as an authorized award. 

A DD Form 215 was issued on 2 July 1990 amending the applicant’s DD Form 214 with a separation date of 24 January 1969 to show award of the Good Conduct Medal, Vietnam Service Medal with three bronze service stars, the Combat Medical Badge, the Vietnam Campaign Ribbon with Device (1960), the Army Achievement Medal, the Vietnam Cross of Gallantry with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Badge with Rifle Bar, the Expert Badge with Auto Rifle Bar and the Expert Badge with Grenade Bar.    

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) 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.  
Army Regulation 15-185 (Army Board for Correction of Military Records) governs the procedures of the Army Board for Correction of Military Records.  The Board will correct any military record when it is considered necessary to correct an error or remove an injustice.  However, the Board is not an investigative agency.  The regulation also provided that the applicant is responsible to procure evidence not contained in the official records of the Department of the Army as he or she desires to present in support of his or her case.

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.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the BSM.  

2.  Contrary to the applicant’s contention that his unit was unjust to him, there is no evidence which shows that failure to award him the BSM was unjust or based on race.

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

FNE____  TAP_____  BJE_____  DENY APPLICATION

						Loren G. Harrell
						Director