MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 December 2001
	DOCKET NUMBER:   AR2001059617

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Harry B. Oberg		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 two separate applications that he be awarded the “V” Device on his award of the Bronze Star Medal (BSM) and that the BSM be added to his report of separation (DD Form 214).  

APPLICANT STATES:  That he was called to duty for his country and spent 11 months and 24 days in Vietnam.  He goes on to state that he believes he should receive the “V” device on his BSM because he fought for his country.  He also states that the award of the BSM was never added to his DD Form 214.

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

He was inducted at St. Louis, Missouri on 30 September 1966.  He successfully completed his training and was transferred to Vietnam on 23 March 1967 for duty as a personnel carrier driver.

On 14 March 1968, he was awarded the BSM for meritorious service for the period of March 1967 to March 1968.  There is no indication in the available records to show that he was ever recommended for a valor award. 

He departed Vietnam on 16 March 1968 and was transferred to Fort Campbell, Kentucky, where he remained until he was honorably released from active duty (REFRAD) on 1 July 1968, for the purpose of attending college.  He had served 1 year, 9 months and 2 days of total active service and was also awarded the Combat Infantryman Badge, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal for his service in Vietnam. 

His DD Form 214, issued at the time of his REFRAD did not contain his award of the BSM; however, on 26 January 1998, officials at the Army Reserve Personnel Center in St. Louis, Missouri, corrected his DD Form 214 by adding the award of his BSM and issuing a DD Form 215 (Correction to DD Form 214).  

Army Regulation 672-5-1, the regulation in effect at the time, provides, in pertinent part, that the BSM is awarded for heroism and/or for meritorious achievement or service in military operations against an armed enemy.  The “V” device is worn on the BSM to denote those awards of the BSM awarded for participation in acts of heroism involving conflict with an armed enemy.  Individuals must be recommended and approved for such awards by the appropriate authority.

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.  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.

2.  The applicant’s award of the BSM was for meritorious service in Vietnam during the duration of his tour in that country and was not for a specific act of heroism.  In the absence of evidence to show that he was recommended and approved for such an award, there is no basis to award him a “V” device for the BSM.

3.  The applicant’s contention that his award of the BSM was never added to his DD Form 214 appears to be without merit.  A DD Form 215 was issued in 1998 and it appears that the applicant’s copy was mailed to his last known address.  However, the staff of the Board has forwarded another copy of that document to the applicant.  Accordingly, there is no basis to further correct his DD Form 214.

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

___fe ___  __hbo___  ___tsp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059617	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/12/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000/”v” DEVICE	
2.  189	109.0000/215	
3.		
4.		
5.		
6.