MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            19 September 2000
	DOCKET NUMBER:   AR1999022878

	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. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 Combat Infantryman Badge and the Bronze Star Medal.

APPLICANT STATES:  That he served in combat in Vietnam in an infantry reconnaissance unit.  He contends that he was told that he would receive the Combat Infantryman Badge and the Bronze Star Medal for his combat service.  He states that he was wounded in action on 21 December 1969 and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show these awards.

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

The applicant was inducted on 27 March 1969 and completed training as an infantryman.  He served in Vietnam from 15 September 1969 until he was evacuated on 29 December 1969 for wounds sustained on 21 December 1969.  The applicant was separated from active duty on 7 July 1970 and placed on the Temporary Disability Retired List.  He was placed on the Retired List with a 40 percent disability rating effective 1 June 1972. 

The applicant’s DD Form 214 does not show award of the Combat Infantryman Badge or the Bronze Star Medal.  However, the applicant’s records contain a DD Form 215 (Correction to DD Form 214) which authorized award of the Combat Infantryman Badge.  Therefore, award of the Combat Infantryman Badge is not discussed further in this Memorandum of Consideration.

The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award.  There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for award of the Bronze Star Medal. 

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. 

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, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal.  Therefore, the applicant is not entitled to award of the Bronze Star Medal.
2.  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 this requirement.

3.  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

__RKS__  __HOF___  ___JPI__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999022878	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000919	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19700707	
DISCHARGE AUTHORITY	AR 635-40	
DISCHARGE REASON	PLACEMENT ON TDRL	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.000	
2.		
3.		
4.		
5.		
6.