MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  16 September 1999
	DOCKET NUMBER:   AR1999015672

	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	
	Mr. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Kathleen A. Newman		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:  Correction of his records to show that he was awarded the Bronze Star Medal (BSM).

APPLICANT STATES:  In effect, that while serving in the Republic of Vietnam (RVN), he was responsible for maintaining generators at a radar site; that his diligence and hard work was responsible for keeping those generators operational during a period of heavy enemy attack; and that his performance of duty merits the same favorable consideration for the BSM award as others have received.

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

He was inducted in the Army of the United States on 27 February 1968.  After completing his basic combat training, he completed his initial training as a multi-purpose power generator operator and mechanic in military occupation specialty (MOS) 52B at Fort Belvoir, VA on 10 July 1968.  

On 7 May 1969, he was assigned to RVN with duty in MOS 52B.

On 18 February 1970, he was reassigned to the U.S. Army Transfer Station, Fort Lewis, Washington.

His DD Form 214, separation document, indicated that he was released from active duty in the rank of specialist and assigned to the USAR Control Group (Annual Training), St Louis, Missouri on 19 February 1970 under the provisions of Army Regulation 635-200, Chapter 5 for overseas returnees.  He had completed 1 year, 11 months and 23 days of active federal service characterized as honorable.  His awards and decorations included the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 3 Bronze Service Stars, the Vietnam Gallantry Cross with Palm Unit Citation Badge, 1 Overseas Bar, and the Sharpshooters Badge with M-14 Rifle Bar.

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.  

There was nothing in his records that indicated he was entitled to th+e award of the BSM.

On 21 January 1997, a DD Form 215, correction to DD form 214, was issued to correct his records to show that he was awarded the Army Commendation Medal on 19 February 1970. 

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 applicant’s request is not warranted when the evidence of record is considered.

2.  The Board could not find any evidence in his records and he did not submit any evidence to show that he was entitled to the Bronze Star Medal.

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

__JA____  ___TK___  ___KN__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015672	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990916	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.