MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            18 June 2002                  
	DOCKET NUMBER:   AR2002068926

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 the Bronze Star Medal (BSM) First Oak Leaf Cluster (1st OLC) and the combat Air Medal (AM) be added to his record.  

APPLICANT STATES:  In effect, that he received the BSM with 1st OLC a year after being discharged.  He indicates that the mix up was the result of his records not following him when he was reassigned from one unit in the Republic of Vietnam (RVN) to another.  He believes that the new unit was not aware of what awards he had already received while assigned to his previous unit.  In addition, he claims that he believes that he is entitled to receive the AM based on the number of combat helicopter missions he participated in while assigned to the 
4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade.  In support of his application, he provides a copy of a BSM 1st OLC award certificate, dated 
5 October 1971. 

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

On 12 May 1970, the applicant enlisted in the Regular Army and entered active duty for 2 years.  He successfully completed basic training at Fort Dix, New Jersey, and advanced individual training (AIT) at Fort Polk, Louisiana.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 
11B (Infantryman) and he was reassigned to the RVN for his first permanent 
duty station.  

The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he arrived in the RVN on 3 October 1970, and that he was initially assigned to Company D, 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade, to perform duties in MOS 11B as a rifleman.  On 21 June 1971, he was reassigned to Headquarters and Headquarters Company (HHC), 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade, where he served as a rifleman.  On 11 July 1971, he was reassigned to Company E, 3rd Battalion, 1st Infantry Regiment, 
11th Infantry Brigade, to serve in MOS 11B20 as a senior scout observer.  On 
2 October 1971, he completed his tour in the RVN and was reassigned to Fort Carson, Colorado.  He arrived there for duty on 11 November 1971, and served there until his separation on 22 December 1971.  

Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that during his active duty tenure, he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with 60 Device, and the BSM.  The BSM entry indicates that it was awarded in General Order (GO) Number 10129, published by the 23rd Infantry Division, in September 1971.  This item contains no entry to show the applicant was awarded the 1st OLC to the BSM or the AM during his tenure on active duty.  Item 48 (Date of Audit) confirms that the applicant audited his DA Form 20, thereby verifying the information contained therein, on 16 December 1971.

On 22 December 1971, the applicant was honorably released from active duty (REFRAD) by reason of Secretarial Authority after completing a total of 1 year, 
7 months, and 11 days of active military service.  The separation document 
(DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation indicates in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), that the applicant earned the following awards during his active duty tenure:  National Defense Service Medal; Vietnam Campaign Medal with 60 Device; Vietnam Service Medal with 1 bronze service star; and the BSM.  The BSM 1st OLC and AM are not included in the list of authorized awards contained in this document.  

On 2 September 1998, the applicant was issued a correction to his DD Form 214 (DD Form 215) by the Army Review Boards Agency, St. Louis, Missouri.  This document added the Combat Infantryman Badge and Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge to Item 24 of his original 
DD Form 214.  

In support of his application, the applicant provided a copy of a BSM 1st OLC award certificate, dated 5 October 1971, that indicates that he was awarded the 
1st OLC to his BSM for meritorious achievement in ground operations against hostile forces in the RVN for the period June through September 1971. 

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 
1st OLC and that he is entitled to the AM.  However, it finds insufficient evidence to support these claims.

2.  The applicant’s Enlisted Qualification Record, which he audited on 
16 December 1971, just a few days prior to his REFRAD, contains no entries that indicate that he was awarded either the BSM 1st OLC or the AM during his tenure on active duty.  Further, the date of the GO awarding him the BSM closely coincides with the date of the BSM 1st OLC award certificate he provides, and the period of the award listed in this certificate.  Therefore, the Board finds it likely that the this BSM 1st OLC award certificate provided by the applicant covers the same period for which he was awarded the first award of the BSM that is entered in Item 41 of his DA Form 20.  

3.  In addition, the evidence of record gives no indication that the applicant was ever recommended for or awarded the AM during his tenure on active duty.  Further, it provides no confirmation of his participation in combat flight missions in the RVN that would entitle him to this award.  

4.  The applicant is advised that the Board does not doubt the veracity of his claim of entitlement to the awards in question.  However, based on there being insufficient evidence to confirm his entitlement to these awards, the Board is compelled to deny the requested relief in the interest of fairness and equity to all those who served in the RVN and who face similar circumstances.  

5.  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

__KAK__  __MHM__  __ALR__  DENY APPLICATION

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

INDEX

CASE ID	AR2002068926	
SUFFIX		
RECON		
DATE BOARDED	2002/06/18	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1971/12/22	
DISCHARGE AUTHORITY	AR 635-200 C5	
DISCHARGE REASON	Secretarial Authority	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.		
3.		
4.		
5.		
6.