MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            5 October 2000    
	DOCKET NUMBER:   AR2000047545

	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:

	Ms. Shirley Powell		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Jaime Perez		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:  Correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal for meritorious service.  

APPLICANT STATES:  That he was presented a Bronze Star Medal for meritorious service in 1968 in Vietnam but the paperwork was lost or destroyed prior to being posted to his DD Form 214.  In support of his application, he submits a copy of a citation for award of the Bronze Star Medal for meritorious service during the period September 1967 to September 1968; a copy of his DD Form 214; a copy of a personal letter dated 19 May 1969; a letter of Commendation, dated 21 March 1968, signed by a lieutenant colonel; and the first endorsement to the letter of Commendation, dated 26 March 1968, also signed by a lieutenant colonel.   

The Board notes that the applicant indicated in his application that he was providing corroborating correspondence from his battery commander (a captain) at the time in question; however, this documentation is not available to the Board.

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

The applicant was ordered to active duty on 10 September 1966.  He served as a field artillery unit commander in Vietnam from 21 September 1967 through
2 August 1968 and was released from active duty on 6 August 1968 to attend school.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal as an authorized award.  

The applicant’s DD Form 214 does show the Bronze Star Medal with “V” Device (First Oak Leaf Cluster) as authorized awards.  His records show he was awarded two Bronze Star Medals with “V” Device for heroism on 3 January 1968 and on 9 March 1968.

There are no orders in the applicant’s personnel service records which show he was awarded the Bronze Star Medal for meritorious service during the period September 1967 to September 1968.  Item 21 (Awards and Decorations) on the applicant’s DA Form 66 (Officer Qualification Record), which was authenticated in his own hand on 30 July 1968, does not show entitlement to the Bronze Star Medal.      

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.  
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.  Although the applicant contends that he was presented a Bronze Star Medal for meritorious service in 1968 in Vietnam, there is no evidence of record available to the Board which shows he was awarded the Bronze Star Medal. 

2.  The Board noted the citation provided by the applicant for award of the Bronze Star Medal for meritorious service during the period September 1967 to September 1968.  However, in accordance with the governing regulation, formal recommendations, approval through the chain of command and announcement in orders are required for all personal decorations.  Since there are no orders for award of the Bronze Star Medal, the applicant is not entitled to correction of his military records to show award of the Bronze Star Medal.  

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

SP_____  EJA_____  JP______  DENY APPLICATION

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

INDEX

CASE ID	AR2000047545	
SUFFIX		
RECON		
DATE BOARDED	20001005	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680806	
DISCHARGE AUTHORITY	AR 135-173 	
DISCHARGE REASON	To attend school	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.