MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 November 2000
	DOCKET NUMBER:   AR2000040823

	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:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Terry L. Placek		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:  In effect, that he be awarded the Bronze Star Medal (BSM) with “V” device and first oak leaf cluster.

APPLICANT STATES:  In effect, that he earned the awards of the BSM with “V” device and first oak leaf cluster for his service to his country and he desires to have them awarded.  In support of his application he submits a copy of a citation awarding him the BSM for meritorious service. 

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

He volunteered for induction on 9 June 1967.  He successfully completed his training and was transferred to Vietnam for duty as an infantry indirect fire crewman on 12 November 1967.  He was promoted to the pay grade of E-4 on 1 March 1968.

He served in Vietnam until 5 November 1968 and was awarded the Combat Infantryman Badge, the BSM for meritorious service, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal for his service in Vietnam.  He was then transferred to Fort Ord, California where he served until he submitted an application for early release to attend school.  His request was approved on 26 February 1969 and he was honorably released from active duty on 17 March 1969 and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He had served 1 year, 9 months and 9 days of total active service and his report of separation shows that he was awarded the BSM.

A review of the applicant’s records fails to show that he was ever recommended for or was ever awarded the BSM with “V” device and or the BSM with an oak leaf cluster.

Army Regulation 600-8-22 serves as the authority for award of the BSM.  It states, in pertinent part, that the BSM 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 him or herself 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 enemy operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

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 this requirement.

2.  The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that he ever was recommended for award of the BSM with “V” device or first oak leaf cluster or that such a request was submitted and not properly acted upon.  Therefore, in the absence of evidence to the contrary and considering the passage of time, it must be presumed that the actions taken by the Department at the time were appropriate. 

3.  While the applicant may believe that he was entitled to multiple awards of the BSM, such an award required a recommendation through appropriate channels.  There were no automatic entitlements for award of the BSM during the Vietnam conflict and awards for valor would require specific details outlining the valor exhibited by the individual concerned and the dates of the event.  There is no indication in the available records to document such events.

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

__slp ___  __mw ___  ___tlp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040823	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/11/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014/BSM	
2.		
3.		
4.		
5.		
6.