MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           22 December 1999   
	DOCKET NUMBER:   AR1999028729

	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. Raymond V. O’Connor, Jr.		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:  Correction of his military records to show award of the Bronze Star Medal with “V” Device.  

APPLICANT STATES:  In effect, that he was recommended for the Bronze Star Medal with “V” Device for his actions on 14 June 1967 by his Company Commander.  In support of his application, he submits a personal account of his actions on 14 June 1967 wherein he states that his squad leader was killed by mortar fire and awarded the Silver Star and that he and two other soldiers were wounded during the battle; a copy of his DD Form 214 (Report of Transfer or Discharge); a Silver Star award for the applicant’s squad leader on 14 June 1967 in Vietnam; a 21 June 1967 letter from a fellow soldier and orders for his award of the Purple Heart. 

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

The applicant was inducted on 10 December 1965.  He served as an infantry indirect fire crewman in Vietnam from 15 September 1966 until he was seriously wounded on 14 June 1967 and transferred to the United States on 12 July 1967. On 5 August 1968 the applicant was honorably discharged and placed on the permanent disability retired list.   

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) 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

RVO____  AAO_____  EWL____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999128729	
SUFFIX		
RECON		
DATE BOARDED	19991222	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680805	
DISCHARGE AUTHORITY	Title 10 U.S.C. Section 1201	
DISCHARGE REASON	Permanent Disability Retirement	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.