MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 August 1999                  
	DOCKET NUMBER:   AR1999027356

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ernest W. Lutz, Jr.		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 with “V” Device.

APPLICANT STATES:  That while serving in Vietnam he was informed by a captain and first sergeant that he would get a Bronze Star Medal for capturing a “NVA” soldier.  He contends that the medal did not show up on his DD Form 214 (Report of Transfer or Discharge) and he believes it was an oversight.    

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

The applicant was inducted on 8 August 1969.  He successfully completed basic training at Fort Dix, New Jersey, and was transferred to Fort Carson, Colorado, for advanced individual training (AIT) on 27 October 1969.  Upon completion of AIT, he was transferred to Vietnam for duty as a wheel vehicle mechanic.  He served in Vietnam from 30 May 1970 until he was honorably discharged on 
26 April 1971.   

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal with “V” Device as an authorized award.

There is no evidence in the applicant’s personnel records that he was recommended for or awarded the Bronze Star Medal with “V” Device.  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 entitlement to the Bronze Star Medal with “V” Device.

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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

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 of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal with “V” Device.  Therefore, he is not entitled to correction of his military records to show this award.   

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 the aforementioned 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

MDM____  AAO____  EWL____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027356	
SUFFIX		
RECON		
DATE BOARDED	19990805	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710426	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Early separation of overseas returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.