MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 October 2001
	DOCKET NUMBER:   AR2001059166

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Jose A. Martinez		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 military records be corrected to show he was awarded the Bronze Star Medal (BSM).

APPLICANT STATES:  In effect, that he was awarded the BSM for his service in the Republic of Vietnam (RVN).  He states that he received the BSM but it was not included in his separation document (DD Form 214) as an authorized award. He further states that this correction is required in order for him to be allowed to wear the BSM and to participate in Veterans ceremonies.  In support of his application he submits a copy of his DD Form 214.

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

On 11 August 1970, he was inducted into the Army of the Untied States for 
2 years.  He was trained in and awarded military occupational specialty 11B (Infantryman) and he served on active duty for 1 year, 6 months, and 4 days until being honorably separated on 14 February 1972.  

The applicant’s record shows that the highest rank he attained while serving on active duty was specialist four/E-4 (SP4/E-4).  His DD Form 214 confirms that he served in the RVN from 13 January to 20 December 1971 and that during his active duty tenure he earned the following awards:  Army Commendation Medal; Combat Infantryman Badge; National Defense Service Medal; Vietnam Service Medal; and RVN Campaign Medal with 60 Device. 

In 1974 the applicant enlisted in the United States Army Reserve (USAR) and a Personnel Qualification Record (DA Form 2-1) prepared on 8 August 1977 while he was serving in this capacity includes the BSM in block 9 (awards, decorations, & campaigns).  However, there is no supporting documentation in regard to his having been awarded the BSM contained elsewhere in his Official Military Personnel File (OMPF).  Further, there is no evidence on file to show he was ever recommended for the BSM or that orders were ever published authorizing him this award. 

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendation, approval through the chain of command, and announcement in orders is 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.  The Board notes the applicant’s contention that he was awarded the BSM for his service in the RVN but finds insufficient evidence to support this claim.  There is no evidence of record or independent evidence provided by the applicant that confirms he was ever recommended for, issued, or awarded the BSM.

2.  Although the DA Form 2-1 prepared on the applicant in 1977 while he was serving in the USAR contains an entry in block 9 that indicates that he was awarded the BSM, this alone is not a sufficient evidentiary basis to add the BSM to his DD Form 214.  Lacking documentary evidence to confirm the applicant was ever recommended for, issued, or awarded the BSM, the Board finds there is an insufficient evidentiary basis to verify the applicant’s entitlement to the BSM and to grant the requested relief. 

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

__JHL___  __MDM__  __JAM__  DENY APPLICATION

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

INDEX

CASE ID	AR2001059166	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/11	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.00he 	
2.		
3.		
4.		
5.		
6.