MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 October 2000                   
	DOCKET NUMBER:   AR2000042224

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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 his Bronze Star Medal with “V” Device be upgraded to award of the Medal of Honor.  

APPLICANT STATES:  In effect, that he was originally recommended for award of the Medal of Honor in 1968; however, this award was downgraded to a Bronze Star Medal with “V” Device instead.  In support of his application, he submits a copy of a letter and photograph to the Assistant Secretary of the Army (ASA), dated 17 March 2000, from his commanding officer at the time in question; page 18 from the 1/5th Vietnam History 1968; a map of Vietnam; a copy of a letter to the ASA, dated 17 March 2000, from his former first lieutenant, 2d platoon leader; a copy of a letter to the ASA, dated 17 March 2000, from a fellow soldier contending that the applicant saved his life; an eyewitness statement, dated
20 March 2000, of the applicant’s heroism on 19 May 1968; a letter from a Member of Congress, dated 6 April 2000; a letter to the ASA from the applicant, dated 14 March 2000; a DA Form 638 (Recommendation for Award) dated
6 December 1999; and an Index with enclosures listed.        

COUNSEL CONTENDS:  The Veterans of Foreign Wars, as counsel for the applicant, noted the recommendation for award of the Medal of Honor and the statements in support provided with the applicant’s application.  Counsel asks the Board to consider all the facts of the recommendation of the original request of 1968 and stated that through administrative errors that request has never been produced.  Counsel further requests full consideration based on the merits of the recommendations given by the soldiers of the applicant’s unit and to consider the many lives that were saved due to the applicant’s fighting spirit, motivation and unselfish acts of heroism.     

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

The applicant enlisted on 18 May 1967 for a period of 3 years.  He served as a medic in Vietnam from 29 February 1968 through 27 February 1969 and was honorably released on 18 February 1970.  The applicant received the Bronze Star Medal with “V” Device for heroism on 19 May 1968.

The applicant’s DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Medal of Honor as an authorized award. 

There are no orders in the applicant’s service personnel records which show that he was awarded the Medal of Honor.  There also is no evidence in his records that he was recommended for award of the Medal of Honor.

A recommendation to upgrade the applicant’s Bronze Star Medal with “V” Device (for heroism on 19 May 1968) to award of the Medal of Honor was submitted under the provisions of Section 1130, Title 10, United States Code, by a Member of Congress to the Secretary of the Army for consideration.  

In March 2000, the Army Decorations Board determined that the degree of action and service rendered by the applicant did not meet the criteria for an award of the Medal of Honor.  As a result, the Commanding General, United States Total Army Personnel Command, on behalf of the Secretary of the Army and combined with the recommendation by the Army Decorations Board, affirmed that the previously awarded Bronze Star Medal with “V” Device for valor was the appropriate award for the applicant’s actions on 19 May 1968.  

The applicant provided a statement from his platoon leader at the time in question, dated 17 March 2000.  In summary, the platoon leader states that “he wrote him [applicant] up for the MOH [Medal of Honor] the first time”, that “the submittal was lost somewhere” and that “one of my light infantryman on ambush the morning of the 19th of May 1968 had written him [applicant] in for the Bronze Star (V)”.  He also contends that the applicant’s heroics deserve far more than a Bronze Star Medal with “V” Device or a Silver Star.  

The applicant also provided statements from his commanding officer and a fellow soldier attesting that he saved their lives in Vietnam and an eyewitness statement which describes the applicant’s heroism on 19 May 1968. 

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 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.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Medal of Honor.  The Medal of Honor is awarded by the President in the name of Congress to a person who while a member of the Army distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The regulation provides that the deed performed must have been one of personal bravery or self sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved the risk of life.  Further, the regulation requires that “incontestable proof” of the performance of the service will be exacted and each recommendation for this decoration will be considered on the standard of extraordinary merit.

Army Regulation 600-8-22 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, and it is concluded:

1.  There is no evidence of record to support the applicant’s contention that he was originally recommended for the Medal of Honor in 1968.  There also is no evidence to support his platoon leader’s contentions that the original award recommendation was lost or that a light infantryman had “written him [applicant] in” for award of the Bronze Star with “V Device.   

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for award of the Medal of Honor by his chain of command at the time of his actions on 19 May 1968.

3.  General Orders show the applicant received award of the Bronze Star Medal with “V” Device for his heroism on 19 May 1968.  This award of the Bronze Star Medal with “V” Device was approved by the appropriate award approval authority at the time of the action.  The award of the Bronze Star Medal with “V” Device was properly announced in orders.

4.  Under the provisions of Section 1130, Title 10, United States Code, an award recommendation for the Bronze Star Medal with “V” Device was considered by the Army Decorations Board in March 2000.  The Army Decorations Board determined that the degree of action and service rendered by the applicant did not meet the criteria for award of the Medal of Honor and affirmed that the previously awarded Bronze Star Medal with “V” Device was the appropriate award for the applicant’s actions on 19 May 1968.

5.  The applicant has not presented any evidence that the award process or the decision by the appropriate award approval authority at the time of his actions on 19 May 1968 was flawed or otherwise unjust, improper or inequitable.

6.  This Board considered all information submitted and all available evidence of record in this case and found no compelling evidence which warranted upgrading the applicant’s award of the Bronze Star Medal with “V” Device to the Medal of Honor.  Therefore, this Board reaffirms the decision of the Army Decorations Board  that the Bronze Star Medal with “V” Device was the appropriate recognition for the applicant’s heroism on 19 May 1968.

7.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the heroism and sacrifice by the applicant in service to the United States.  His actions on 18 May 1968 were recognized with an award of the Bronze Star Medal with “V” Device for heroism in action against an armed enemy and the applicant and all Americans should be justifiably proud of his service in arms and the recognition of his heroism.

8.  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.

9.  In view of the foregoing, there is no basis for granting the applicant's request to upgrade his award of the Bronze Star Medal with “V” Device to the Medal of Honor.

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

JNS____  RJW_____  RTD____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042224	
SUFFIX		
RECON		
DATE BOARDED	20001003	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	20001003	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early release student	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0001	
2.		
3.		
4.		
5.		
6.