MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 June 2000                   
	DOCKET NUMBER:   AR1999030593

	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:

	Mr. Orville W. Troesch, Jr. 		Chairperson	
	Ms. Kathleen A. Newman 		Member	
	Ms. Margaret V. Thompson 		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:  That his Bronze Star Medal with “V” Device be upgraded to the Silver Star.

APPLICANT STATES:  That his Bronze Star Medal for valor was originally submitted to MACV [Military Assistance Command Vietnam] as a Silver Star.  The award recommendation was lost and the Bronze Star Medal for valor was awarded.  He contends that he was told by the Commanding General of the
1st Cavalry Division that he would receive the Silver Star.  In support of his application, he submits an eyewitness statement from the Assistant Battalion Advisor to the Vietnamese Airborne Division at the time in question; a copy of a Silver Star citation which reads almost identical to the applicant’s Bronze Star Medal with “V” Device citation; a copy of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 1 November 1976; a proposed citation for the Silver Star; a letter from the applicant to the U.S. Army Personnel Center, dated 18 August 1999; and a copy of the Bronze Star Medal with “V” Device citation.

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

The applicant enlisted on 7 January 1957 for a period of 3 years.  He trained as a heavy weapons infantryman and was honorably discharged on 6 January 1960 and transferred to the USAR.  He was appointed as a second lieutenant and entered active duty in the Regular Army on 13 June 1962.  The applicant served as an assistant battalion advisor and company commander in Vietnam from June 1965 to June 1966.  He served a second tour in Vietnam as a battalion advisor from March 1969 to March 1970.  The applicant was released from active duty on 1 November 1976, transferred to the USAR and subsequently placed on the retired list effective 20 October 1996.         

The applicant’s DD Form 214 with an effective date of 1 November 1976, which was authenticated in his own hand, does not show the Silver Star as an authorized award.    

There are no orders in the applicant’s service personnel records which show that he was awarded the Silver Star.  There also is no evidence in his records that he was recommended for award of the Silver Star.

On 1 June 1999, a recommendation to upgrade the applicant’s Bronze Star Medal with “V” Device to award of the Silver Star was submitted under the provisions of Section 1130, Title 10, United States Code, by a Member of Congress to the Secretary of the Army for consideration.  

On 10 June 1999, the Army Decorations Board considered the recommendation and determined that the degree of action displayed by the applicant on
25 January 1970 did not meet the criteria for an award of the Silver Star.  As a result, the Commanding General, United States Total Army Personnel Command, on behalf of the Secretary of the Army and combined with the recommendation by the Army Decorations Board, disapproved award of the Silver Star.    

In support of his application to the ABCMR, the applicant provided an eyewitness statement from the Assistant Battalion Advisor to the Vietnamese Airborne Division at the time in question.  In summary, the Assistant Battalion Advisor states that he was contacted by the applicant’s wife concerning the upgrade of her husband’s Bronze Star Medal with “V” Device to the Silver Star.  He goes on to state that he witnessed the combat action on 25 January 1970 and that the four achievements noted in the DA Form 638 (Recommendation for Award), dated 26 March 1999, are accurate.  At this time, the Assistant Battalion Advisor strongly concurs with the recommendation to upgrade the applicant’s Bronze Star Medal with “V” Device to the Silver Star.      

Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.

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.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Army Regulation 600-8-22 provides in paragraph 3-1c that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval 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.  There is no evidence to support the applicant’s contentions that his Bronze Star Medal for valor was originally submitted to MACV as a Silver Star, that the recommendation was lost or that the Commanding General of the 1st Cavalry Division informed him that he would receive the Silver Star.

2.  The applicant was recommended for award of the Bronze Star Medal with “V” Device for his heroism in action on 20 January 1970.  This recommendation for award of the Bronze Star Medal with “V” Device was approved by the award approval authority who was present in Vietnam at the time of the action and announced in orders.

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for award of the Silver Star by his chain of command at the time of the applicant’s actions on 20 January 1970.   

4.  Under the provisions of Section 1130, Title 10, United States Code, an award recommendation for the Silver Star was considered by the Army Decorations Board on 10 June 1999.  The Army Decorations Board determined that the degree of action displayed by the applicant did not meet the criteria for award of the Silver Star and award of the Silver Star was denied.       

5.  The applicant has not presented any evidence that the award process or the decision by the appropriate award approval authority at the time of the action on
20 January 1970 was flawed or otherwise unjust, improper or inequitable.

6.  This Board considered all information submitted and all available evidence of record in this case and found no compelling evidence which warranted upgrading the applicant’s award of the Bronze Star Medal with “V” Device to the Silver Star. Therefore, the Board reaffirms the decision of the Army Decorations Board not to award the Silver Star in this case.

7.  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 the aforementioned requirement.

8.  In view of the foregoing, there is no basis for granting the applicant's request to upgrade his award of the Bronze Star Medal with “V” Device to the Silver Star.

9.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the heroism by the applicant in service to the United States.  His actions on 20 January 1970 were recognized with an award of the Bronze Star Medal with “V” Device for heroism in action against an armed enemy and the applicant and all Americans should be justifiably proud of his service in arms and the recognition of his heroism.

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

OWT____  KAN____  MVT____  DENY APPLICATION

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

INDEX

CASE ID	AR1999030593	
SUFFIX		
RECON		
DATE BOARDED	20000615	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19761101	
DISCHARGE AUTHORITY	AR635-250 & AR635-200   	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.		
3.		
4.		
5.		
6.