MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 March 2000     
	DOCKET NUMBER:   AR1999034187

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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:  Correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal.

APPLICANT STATES:  In effect, that his DD Form 214 does not show the Bronze Star Medal and that he was awarded the Bronze Star Medal for “volunteering duty in Quang Tri when we had tried to re-open Khe-Sahn.”  In support of his application, he submits a copy of his DD Form 214; a copy of a DD Form 215 (Correction to DD Form 214) which shows the Combat Medical Badge as an authorized award; and several letters and inquiries regarding award of the Bronze Star Medal and Combat Medical Badge.       

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

The applicant was inducted on 1 December 1969.  He served as a medical corpsman in Vietnam from 7 July 1970 through 5 July 1971 and was honorably discharged on 5 July 1971. 

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal as an authorized award.

There are no orders in the applicant’s service personnel records which shows that he was awarded the Bronze Star Medal, and there is no evidence that he was recommended for award of the Bronze Star Medal.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal.

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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

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 noted the applicant’s contention that he was awarded the Bronze Star Medal.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal.  Therefore, he is not entitled to correction of his military records to show award of the Bronze Star Medal. 

2.  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.

3.  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

RGH____  MDM____  JPS________  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999034187	
SUFFIX		
RECON		
DATE BOARDED	20000329	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710705	
DISCHARGE AUTHORITY	AR 635-200 Chapter 5 	
DISCHARGE REASON	Overseas Returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.