MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 May 2000
	DOCKET NUMBER:   AR1999033649

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, Jr.		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:  Award of the Bronze Star Medal.

APPLICANT STATES:  That he has attached a copy of the order showing his receipt of the Bronze Star Medal and that this award should be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  In support of his application, the applicant submitted a copy of a 6 November 1971 “Roster of Departing Personnel” and a copy of his DD Form 214 with an effective date of 17 January 1972.

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

The applicant entered active duty on 1 March 1966 and completed training as a generator operator and repairman.  He served in Vietnam from 8 August 1971 to 15 January 1972 and was honorably discharged on 17 January 1972.

The applicant’s DD Form 214 does not show the Bronze Star as an authorized award.  
There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 41 (Awards and Decorations) for award of the Bronze Star Medal.  The applicant did not provide a copy of orders or an award certificate in support of his claim for this award. 

The applicant provided an incomplete copy of a 6 November 1971 “Roster of Departing Personnel”.  Paragraph 3 states:  “Recommendations for service awards of the Bronze Star, the Army”.  However, paragraph 3 continues on the second page which was not provided by the applicant.

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.

United States Army Vietnam Regulation 672-1 (Decorations and Awards), in effect at the time in question, governed award of the Bronze Star Medal for personnel serving in Vietnam.  This regulation required that award of the Bronze Star Medal be approved by General Officers in command of separate brigades and higher and that awards of the Bronze Star Medal be announced in General Orders.

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 the applicant was recommended for or awarded the Bronze Star Medal.  

2. The Board reviewed the “Roster of Departing Personnel” provided by the applicant.  Contrary to his contention that this roster is the authority for award of the Bronze Star Medal, the Board determined that the governing award regulation at the time in question required that awards of the Bronze Star Medal be approved by authorized General Officers and announced in General Orders.  

3.  In the absence of a proper recommendation for award of the Bronze Star Medal or the order awarding the Bronze Star Medal to the applicant, there is no basis for correcting the applicant’s records to show award of the Bronze Star Medal.

4.  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.

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

________  ________  ________  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033649	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000503	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720117	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	EARLY SEPARATION OF O/S RETURNEE	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.