MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 May 2000                   
	DOCKET NUMBER:   AR2000035246

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		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:  That his records be corrected to show he was awarded the Bronze Star Medal (BSM).

APPLICANT STATES:  That the company clerk handed him the BSM and told him the paperwork would catch up to him.  He provides his Army Commendation Medal and Combat Infantryman Badge orders which contain the names of other members of his platoon who may have also received the BSM.

EVIDENCE OF RECORD:  The applicant's military records from his initial period of service are not available.  Information contained herein was obtained from alternate records.

The applicant was inducted into the Army on 7 March 1968.  He was assigned to Vietnam on or about 27 February 1969 and was assigned to Headquarters and Headquarters Company, 2d Battalion, 22d Infantry, 25th Infantry Division as an 11C, Infantry Indirect Fire Crewman.  He was awarded the Combat Infantryman Badge on Special Orders 144 dated 24 May 1969, Headquarters, 25th Infantry Division and the Army Commendation Medal on General Orders 10934 dated   29 August 1969, Headquarters, 25th Infantry Division.  He departed Vietnam on or about 26 February 1970 and was released from active duty on 27 February 1970.

The U. S. Total Army Personnel Command has stated that they could not locate a set of General Orders from the 25th Infantry Division awarding the applicant the BSM.

Army Regulation 600-8-22, in pertinent paragraph, establishes that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.

The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

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 believes the applicant’s contention that the company clerk “handed” him the BSM.  However, there is no evidence of record to show that the recommendation for the BSM was entered administratively into military channels within 2 years of the act, achievement, or service to be honored, an action that was required to officially award the applicant the decoration.  The Board concludes that it would not be appropriate to award the applicant the BSM without evidence that it was his command’s intent to recommend him for award of that decoration.

2.  Since it appears the recommendation for BSM was not processed within the time frame provided by regulation and the applicant feels he was thus unjustly deprived of the BSM, a reconstructed award recommendation must be prepared. DA Form 638 (Recommendation for Award) must be completed with information pertaining to him and his unit of assignment during the period for which he is being recognized.  A narrative of the action or service for which he is being recognized is required.  Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act or service performed, sworn affidavits, certificates and any other related documentation.  The request, which should be mailed to Commander, United States Army Personnel Command, ATTN:  TAPC-PDA, 200 Stovall Street, Suite 7S07, Alexandria, VA  22332-0471, will be considered only if it has been referred to the Secretary of the Army by a Member of Congress.

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

__aao___  __vbc___  __le____  DENY APPLICATION

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

INDEX

CASE ID	AR2000035246	
SUFFIX		
RECON		
DATE BOARDED	20000516	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.