MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2000                   
	DOCKET NUMBER:   AR2000035956

	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. Joyce A. Hughes		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		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:  The award of the Bronze Star (BSM) “V” device.

APPLICANT STATES:  In effect, that while on a flying mission in the Republic of Vietnam (RVN) serving as a door gunner, they were hit by enemy ground fire and was forced to land in the jungle.  He states that he used his machine gun to protect their “ship” until they were rescued.  He further states, that his commander received the Distinguished Flying Cross for this hostile action and that he recommended him and the second gunner for the Bronze Star with “V” device, he did not receive the BSM award.  He contacted his former commander and informed him that he had not received the award.  His commander responded with a letter of inquiry concerning his April 1970, recommendation and he also requested information on the Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA).  The applicant submits his former commander’s letter in support of his application.

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

He enlisted in the Regular Army on 15 August 1968, for a period of 2 years.
He completed the required training and was awarded military occupational specialty (MOS) 71H Personnel Specialist. 

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he
served in RVN from June 1969 to June 1970.  He was assigned to the Air Cavalry Troop, 11th Armored Cavalry Regiment as a company clerk and as a door gunner.  On 7 June 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve.

His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he was awarded the Army Good Conduct Medal, the
National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Vietnam Campaign Medal w/device, the Air Medal (oak leaf cluster), the Overseas Service Bar, the Purple Heart, Parachutist Badge and the Expert Infantry Badge.  His DD Form 214 does not show the award of the BSM nor does his service personnel records show that he was recommended for the award.

On 26 August 1998, the applicant’s former commander submitted a letter to U.S.
Army Personnel Center, St. Louis, MO., requesting information concerning the status of his April 1970 recommendation for the BSM award.  He also requested information regarding the procedures on resubmitting his recommendation through the 1996 Authorization Bill.

Army Regulation 600-22-8 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

Section 1130, Title 10, United States Code provides 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 has 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.  In order to justify correction or 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.

2.  There is no evidence of record, and the applicant has not provided and evidence, which shows that he, was recommended for the BSM award.

3.  If the applicant feels that he should have been awarded the Bronze Star Medal with V device for his actions on 17 April 1970, 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(s) for which he is being recognized.  A narrative of the action(s) for which he is being recognized is required.  Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act(s) of valor performed, sworn affidavits, certificates and any other related documentation.  The request(s), which should be mailed to Commander, United States Army Personnel Command, ATTN:  TAPC-PDO-PA, 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.

4.  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

___tsk__  __sk____  __jhk___  DENY APPLICATION

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

INDEX

CASE ID	AR2000035956	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.