MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 March 1999     
	DOCKET NUMBER:   AR1999021939

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Lester Echols		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.  

APPLICANT STATES:  That he had been advised the he earned the Bronze Star Medal on 28 August 1971, the same date he was awarded the Purple Heart and the Combat Medical Badge.  On that date, while serving as a combat medic with 3/5 Cavalry, a 122mm rocket hit their night positions, killing 7 men and wounding several others, including himself.  The best evidence that he can offer is the correction of his DD Form 214 on 13 March 1989 and again on 10 August 1992. The reason for those corrections is that the clerk who prepared his DD Form 214 failed to record the awards that he had received (except for his National Defense Service Medal), and his combat service certainly entitled him to more than just that medal.  He suffers from post traumatic stress disorder (PTSD), to include memory loss.  He served his country proudly and believes that he is entitled to the Bronze Star Medal.  He is positive that he was awarded that medal in 1971. 

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

The applicant entered the Army on 29 April 1970, completed training, and in June 1971 was assigned to a cavalry unit in Vietnam.  He served in Vietnam from June 1971 until late November 1971.  Sometime in November 1971, while still in Vietnam, his commanding officer recommended that the applicant be separated for unsuitability because of drug abuse.  The separation authority approved that recommendation and directed that the applicant be issued a General Discharge Certificate.  He was discharged at Fort Knox, Kentucky on 31 December 1971 under honorable conditions.  He had 1 year, 7 months, and 22 days of service, and 10 days of lost time.  His DD Form 214 shows that he was a medical specialist, discharged in the grade of E-4, and was awarded the National Defense Service Medal (NDSM).

On 5 July 1977 the applicant’s discharge was upgraded to Honorable under the DOD Special Discharge Review Program.

On 27 July 1988 his DD Form 214 was corrected to show that he was awarded the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with device (1960).  On 13 March 1989 his DD Form 214 was corrected to show that he was awarded additional medals; and on 10 August 1992 his DD Form 214 was again corrected to show that the was awarded the Purple Heart, Good Conduct Medal, NDSM, Vietnam Service Medal with two bronze service stars, Combat Medal Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Ribbon with device (1960), and the Sharpshooter Badge with automatic rifle bar.

The applicant’s records contain no orders showing that he was awarded the Bronze Star Medal; nor is there evidence to indicate that he was recommended for that award.
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 are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.

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

1.  There is no evidence to show that the applicant was awarded the Bronze Star Medal, or that he was recommended for that award.  He is therefore not entitled to award of the Bronze Star Medal. 

2.  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

_mkp____  ___eka__  __le____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021939	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990325	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.		
3.		
4.		
5.		
6.