MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 June 2000
	DOCKET NUMBER:   AR2000037867

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Ms. Margaret V. Thompson		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 a “V” device for valor be added to his award of the Bronze Star Medal (BSM).

APPLICANT STATES:  In effect, that he should have been awarded the BSM with a “V” device.

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

He was inducted in Oklahoma City, Oklahoma on 5 August 1969.  He successfully completed his training at Fort Polk, Louisiana and was transferred to Vietnam on 15 January 1970 for duty as a cook. 

He was promoted to the pay grade of E-4 on 28 May 1970 and remained in Vietnam until he was returned to Fort Lewis, Washington on 8 March 1971.

He was honorably released from active duty on 9 March 1971 as an overseas returnee.  He had served 1 year, 7 months, and 5 days of total active service and was transferred to the USAR Control Group (Annual Training).  He was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, and the Bronze Star Medal for meritorious service in Vietnam. 

A review of the applicant’s records failed to reveal that he was ever cited or recommended for an award of any kind for valor or heroism.

Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It states, in pertinent part, that the decision to award an individual a decoration as well as which award is appropriate for the period of service or act being recognized is made by the commander having award approval authority.  It also states that no individual may recommend themselves for an award and that no individual is automatically entitled to an award (except the Purple Heart).  That regulation also states that the “V” device is worn is worn to denote participation in 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.  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 that requirement.

2.  The applicant’s contention that he should have been awarded the BSM with “V” device is not supported by the evidence submitted with his application or the evidence of record.  Although he was awarded the BSM for meritorious service, there is no indication in the available record to indicate that he was involved in heroic acts involving conflict with the enemy or that he was ever recommended for such an award.

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

__mvt___  __owt___  ___kan __  DENY APPLICATION

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

INDEX

CASE ID	AR2000037867	
SUFFIX		
RECON		
DATE BOARDED	2000/06/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000/BSM/w/V device	
2.		
3.		
4.		
5.		
6.