PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           28 October 1998    
	DOCKET NUMBER:   AC98-10351

	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:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis W. Barbee, Jr.		Member	
	Mr. Raymond V. O’Connor, Jr.		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 and the correct dates of his service in Vietnam. 

3.  The applicant states the Bronze Star Medal is not listed on his DD Form 214. Also, in effect, he contends he arrived in Vietnam on 6 March 1970, not 6 May 1970, as reflected on his DD Form 214.

4.  The applicant’s military records show he was inducted and entered active duty on 12 August 1969.  He served as a radio operator in Vietnam from 8 March 1970 through 15 March 1971 and was separated with an honorable discharge on 16 March 1971.

5.  The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award.  The Board notes item 30 (Remarks) of the applicant’s DD Form 214 shows “REPUBLIC OF VIETNAM:  6 MAY 70 - 15 MAR 71” [6 May 1970 - 15 March 1971].

6.  There is no evidence in the applicant’s personnel records which shows that he was recommended for or awarded the Bronze Star Medal.  

7.  Headquarters, USARV Transient Detachment Special Orders Number 68, dated 9 March 1970, show the applicant arrived in Vietnam on 8 March 1970.

8.  Army Regulation 600-8-22 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.  

CONCLUSIONS:

1.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received the Bronze Star Medal.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

2.  Evidence of record shows the applicant’s dates of service in Vietnam are incorrectly displayed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214.

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:

     a.  by deleting “REPUBLIC OF VIETNAM:  6 MAY 70 - 15 MAR 71” in block 30 (Remarks) of the DD Form 214 of the individual concerned; and 

     b.  by adding “REPUBLIC OF VIETNAM:  8 MAR 70 - 15 MAR 71”  in block 30 (Remarks) of the DD Form 214.  

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

BOARD VOTE:  

JHL_____  CWB____  RVO____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON