MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 February 2000  
	DOCKET NUMBER:    AR1999028160

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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:  In effect, that he worked for a chaplain in Vietnam and the chaplain received a Bronze Star Medal with First Oak Leaf Cluster for his actions in hostile territory.  The applicant contends that he should be entitled to award of the Bronze Star Medal for his actions in Vietnam because they saw the same action together.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge), a personal letter of explanation and a statement from the chaplain whom he worked for in Vietnam dated 4 May 1999.  The chaplain describes several dangerous situations they encountered in Vietnam and states that the applicant accompanied him everywhere during the final six months of his tour in Vietnam.  He also states that he proudly recommends the applicant for the Bronze Star Medal for courageous service to his country in Vietnam.  

COUNSEL CONTENDS:  The American Legion, as counsel for the applicant, fully supports the applicant’s request for award of the Bronze Star Medal and  believes that his request is supported by the evidence of record.  Counsel also noted that the applicant’s statement indicates that he was wounded while serving in Vietnam.  Counsel states that although the applicant has not requested the Purple Heart, it would appear that there may be a basis for the award of the Purple Heart in addition to the Bronze Star Medal.   

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

The applicant enlisted on 30 September 1963 for a period of 3 years.  He served in Germany as a supply clerk and was honorably discharged on 3 October 1965 for immediate reenlistment.  He reenlisted on 4 October 1965 for a period of
6 years.  The applicant served as a chaplain’s assistant in Vietnam from 26 April 1968 to 6 May 1969 and was honorably discharged on 7 May 1969.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal or the Purple Heart as authorized awards.

There is no evidence in the applicant’s personnel records that he was recommended for or awarded the Bronze Star Medal.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal.

There is no evidence in the applicant’s personnel records that he was awarded the Purple Heart or was wounded as a result of hostile action.  Item 40 (Wounds) of the applicant’s DA Form 20 is blank and item 41 (Awards and Decorations) does not show entitlement to the Purple Heart.

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.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

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 Board noted the applicant’s contention that he should be entitled to award of the Bronze Star Medal for his actions in Vietnam.  

2.  The Board also noted the chaplain’s statement, dated 4 May 1999, and his recommendation that the applicant be awarded the Bronze Star Medal for his courageous service to his country in Vietnam.  However, 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 is no evidence that the applicant was considered for or recommended for the Bronze Star Medal for his actions in Vietnam at the time in question.  Therefore, he is not entitled to correction of his military records to show award of the Bronze Star Medal. 

3.  Notwithstanding the American Legion’s contention that there may be a basis for award of the Purple Heart, there is no evidence available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the applicant is not entitled to award of the Purple Heart.     

4.  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.

5.  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____  GDP____  TBR____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028160	
SUFFIX		
RECON		
DATE BOARDED	20000211	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690507	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.