PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 October 2000                  
	DOCKET NUMBER:   AR2000043307

	I certify that hereinafter is recorded the true and complete record of the proceedings 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:

	Ms. Shirley Powell 		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Jaime Perez		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Bronze Star Medal.

3.  The applicant states, in effect, that while serving as an advisor in Vietnam in 1968/1969 he was overlooked for an award of the Bronze Star Medal.  He contends that he recently came in contact with a fellow soldier who served with him as an advisor in Vietnam.  He states that they both were awarded the Army Commendation Medal and the Vietnamese Honor Medal; however, the other soldier was awarded the Bronze Star Medal for the exact same duties performed by the applicant.  In support of his application, he submits a letter of explanation; an award certificate and citation for the Army Commendation Medal; and a Vietnamese award certificate.   

4.  The applicant’s military records show that he enlisted on 24 January 1966 for a period of 4 years.  He served as an infantryman in Vietnam from 24 August 1968 through 28 August 1969 and was honorably released on 30 August 1969. 

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

6.  There is no evidence in the applicant’s personnel service records which shows the applicant was recommended for or awarded the Bronze Star Medal.

7.  The Assistant Adjutant General of the United States Military Assistance Command Vietnam signed a letter, dated 6 August 1969, which authorized the applicant to receive and wear a personal award of the Armed Forces Honor Medal (Second Class).  A copy of the original citation from the Vietnam government and a translation of the citation are attached.  This award is not shown on his discharge document.

8.  United States Military Assistance Command, Vietnam, General Orders Number 5448, dated 9 September 1969, shows the applicant was awarded the Army Commendation Medal for meritorious service during the period August 1968 to August 1969.  This award is not shown on his discharge document. 

9.  DA Form 1577 (Authorization for Issuance of Awards), dated 8 June 1981, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the Good Conduct Medal.  This award is not shown on his discharge document.

10.  Army Regulation 600-8-22 (Military Awards) 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.  

11.  U.S. Army Vietnam Regulation Number 672-2 provided for processing of foreign awards and decorations presented to individuals and units.  This regulation, in pertinent part, governed award of the Armed Forces Honor Medal as a personal decoration.  This decoration is awarded to personnel who have displayed outstanding achievements and meritorious service in contributing toward the development of the Armed Forces Republic of Vietnam.  This decoration was awarded in two degrees: First Class and Second Class.  Approval to accept and to wear a personal award of the Armed Forces Republic of Vietnam required approval by the Commanding General of United States Army Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the Bronze Star Medal because another soldier serving as an advisor with the applicant in Vietnam was awarded the Bronze Star Medal.  However, this contention is not a basis for award of the Bronze Star Medal.  The Board considers each case individually and on its own merit, and as a result, awards received by others are not a basis for the Board to grant an award. 

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal.  Therefore, the applicant is not entitled to correction of his military records to show the Bronze Star Medal.

3.  The applicant was awarded a personal award of the Armed Forces Honor Medal (Second Class), the Army Commendation Medal and the Good Conduct Medal.  Therefore, he is entitled to correction of his military records to show these awards. 

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Armed Forces Honor Medal (Second Class), the Army Commendation Medal and the Good Conduct Medal.
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

SP_____  EJA_____  JP______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Shirley Powell_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000043307	
SUFFIX		
RECON		
DATE BOARDED	20001005	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690830	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0000	
3.	107.0020	
4.	107.0056	
5.		
6.