MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 October 2000
	DOCKET NUMBER:  AR2000042805

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. John E. Denning		Member	
	Ms. Carol J. Suiter		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 entitlement to award of 2 Bronze Star Medals for Valor (BSM (V))

APPLICANT STATES: That his company awards clerk told him that he had issued orders for award of these medals.  He provides a statement from the former clerk.

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

On 22 November 1966, the applicant was inducted into the Army.  He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

During the period 18 May 1967 to 15 May 1968, he served in a unit in Vietnam.

On 6 September 1968, he was honorably separated under Army Regulation 635-200 based on his request for early release to attend or return to college.  His separation document indicates he had 1 year, 9 months and 15 days of creditable service.  He was entitled to award of the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Combat Infantryman Badge.

The applicant was not issued orders or citations for the BSM (V).

He was advised on 31 January 2000 by the Chief of Military Awards Branch, Total Army Personnel Command that there is no record of BSM (V) awards to him.

Army Regulation 600-8-22 (Military Awards) indicates, in pertinent part, that the BSM is awarded by a Senior Army commander of a separate force serving in the rank of lieutenant general. At the time of this case, that authority could be delegated to a major general or a brigadier general serving in a major general position.  This regulation also provides that the BSM is awarded for heroism and for meritorious achievement or service in military operations against 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.  The evidence in support of this request, as provided by the applicant, indicates a company awards clerk issued the orders for award of the two awards of the BSM (V).  Pertinent regulations provide that only a general officer has that authority.  There is no error or injustice and the applicant is not entitled to the awards. 
2.  There is no evidence of a recommendation for or award of the BSM (V) in the applicant’s records.

3.  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.

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

___jm__  ___jd_____  __cs____ DENY APPLICATION

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

INDEX

CASE ID	AR2000042805	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001012	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107	BSM(V) x 2	
2.		
3.		
4.		
5.		
6.