PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            2 December 1998
	DOCKET NUMBER:   AC98-12027

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

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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 award of the Bronze Star Medal (BSM).

3.  The applicant states that, in effect, he should be awarded the BSM for his actions on 1 August 1966.  He contends that he placed himself in mortal danger to save a fellow soldier who died as a result of a gunshot wound during an altercation outside a bar in An-Trach, Vietnam, with unknown persons.  In support of his application, he submits two letters of explanation, Veterans Affairs documentation, and documentation surrounding the incident.

4.  The applicant’s military records show the applicant enlisted on 3 February 1964 and served as a radio operator in Vietnam from 20 December 1965 through 5 December 1966.  He was separated in the grade of E4 with an honorable discharge on 9 December 1966.

5.  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.  The Board notes the applicant was awarded the Meritorious Unit Commendation and the Vietnam Cross of Gallantry with Palm Unit Citation, which are also not shown on his DD Form 214.

6.  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.

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

8.  The applicant was awarded the Meritorious Unit Commendation by Department of the Army General Order Number 17, dated 1968.

9.  The applicant was awarded the Vietnam Cross of Gallantry with Palm Unit Citation by Department of the Army General Order Number 54, dated 1974.

10.  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 in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  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.  

CONCLUSIONS:

1.  Contrary to the applicant’s contention that he should be awarded the BSM for his actions on 1 August 1966; evidence of record shows his “actions” occurred outside a bar in An-Trach, Vietnam, not while in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force.  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 applicant was awarded the Meritorious Unit Commendation and the Vietnam Cross of Gallantry with Palm Unit Citation.  Therefore, he is entitled to correction of his military records to show these awards.

3. 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 Meritorious Unit Commendation and the Vietnam Cross of Gallantry with Palm Unit Citation.

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

BOARD VOTE:  

RVO____  GDP____  JHK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12027/AR1998013794	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19981201	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19661209	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.