PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:          1 June 2000
	DOCKET NUMBER:  AR1999030969

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. James C. Hise		Chairperson	
	Mr. Raymond V. O’Connor Jr.		Member	
	Mr. Melvin H. Meyer		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his records to show award of the Bronze Star Medal (BSM).

3.  The applicant states, in effect, that the first night that he arrived in the Republic of Vietnam (RVN) his unit was attacked by 122 mm rockets.  At the time, he had not been issued a weapon or any protective gear.  Therefore, he volunteered to keep the various bunkers on the perimeter supplied with ammo.  He worked hard while being exposed to enemy fire.  As a result of his actions a sergeant in his unit recommended that he and a second soldier receive the BSM.  However, his recommendation was thrown in the trash by a second sergeant who thought that he did not deserve it because he had just arrived in the RVN.  The second soldier who had been in the RVN for a longer period of time than he received the BSM.  He now feels that he was treated unfairly and he would like to have the medal so that he can someday pass it along to his children.  He submits a letter written in his own behalf, and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request.

4.  The applicant’s military records show he was inducted into the Army of the United States on 9 November 1966.  He served from 26 January 1968-26 October 1968 with Headquarters and Headquarters Company, II Field Force Vietnam.  He was honorably discharged on 28 October 1968.

5.  His DD Form 214 shows that he was awarded the National Defense Service Medal,
the Vietnam Service Medal, the Vietnam Campaign Medal and the Expert Badge 
(M-16).  However, it does not show the BSM as an authorized award.

6.  Orders Number 1858, dated 7 December 1968, show that he was awarded the Army Commendation Medal (ARCOM) for meritorious achievement between 4 June-
26 October 1968.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that Department of the Army General Order 42, dated 1970 awarded the Meritorious Unit Commendation (MUC) to the applicant’s unit.  As a result, he is entitled to the MUC for his period of service in the RVN.

8.  Army Regulation 600-8-22 (Military Awards) shows that he served in the RVN during two campaigns, the Vietnam Counter Offensive Phase IV and Phase V. 

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the BSM 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.

11.  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.

CONCLUSIONS:

1.  The applicant is entitled to have his records corrected to show he was awarded the ARCOM for his period of service between 4 June-26 October 1968.

2.  He is entitled to the MUC as a result of his period of service with the II Field Force, Vietnam in 1968.

3.  He is also entitled two BSS’s for participation in two campaigns while in the RVN.  These appurtenances are for wear on his Vietnam Service Medal.  

4.  The available records do not show that he is entitled to award of the BSM and he has provided no evidence to the contrary.

5.  The Board notes that it is well past the established statute of limitations that provides for the timely recommendation of the award of the BSM.  However, the applicant may request that his Member of Congress forward a recommendation to the Secretary of the Army under the provisions of Section 1130, Title 10, United States Code.

6.  In view of the foregoing, the applicant's records should be corrected, but only as, recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.	by showing that the individual concerned was awarded the ARCOM.
      b.  by showing that he was awarded the MUC; and	

      c.  by showing that he was also awarded two BSS’s for wear on his Vietnam Campaign Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__jch___  __rvo___  __mhm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     __James C. Hise___
		        CHAIRPERSON

INDEX

CASE ID	AR199030969	
SUFFIX		
RECON		
DATE BOARDED	20000601	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460827	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Early Separation of Overseas Returnees	
BOARD DECISION	(PARTIAL GRANT)	
REVIEW AUTHORITY	DASA	
ISSUES         1.	A92.03	
2.		
3.		
4.		
5.		
6.