MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            5 February 2002                  
	DOCKET NUMBER:   AR2001062795

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger W. Able		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 records be corrected to show entitlement to award of the Bronze Star Medal (BSM).

APPLICANT STATES: “Please add the Bronze Star Medal to a DD215 [Correction to DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)].”

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

On 5 June 1969, the applicant was inducted into the Army. 

On 5 July 1969, while assigned to Fort Bragg, North Carolina, he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for breaking restriction on 2 July 1969.  His punishment included a forfeiture of pay, restriction and extra duty.

On 5 February 1970, while assigned to the Overseas Replacement Station, Fort Lewis, Washington, he was convicted by a summary court martial (SCM) of being absent without leave (AWOL) for the period 31 December 1969 through            29 January 1970. His sentence included a forfeiture of pay and a reduction.  

During the period 9 February 1970 through 24 February 1971, he served in a unit in Vietnam.

On 26 November 1970, while assigned to a unit in Vietnam, he received NJP for being AWOL for the period 20 through 23 November 1970; through neglect, missing movement on 20 November 1970; and, for breaking restriction on         20 November 1970.  His punishment included a forfeiture of pay and restriction.

On 4 February 1971, while assigned to a unit in Vietnam, he was convicted by a SCM of sleeping on guard duty on two occasions, 3 and 14 January 1971.  His sentence included confinement at hard labor (suspended for 6 months) and a forfeiture.

On 11 February 1971, his unit executive officer indicated on DA Form 137 (Installation Clearance Record), that the individual was not recommended for a meritorious service award.

On 23 February 1971, he was honorably separated under Army Regulation 635-200, chapter 5, based on being an overseas returnee.  His separation document indicates he had 1 year, 7 months and 15 days of creditable service and 34 days of lost time.  He was entitled to award of the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge and the Parachute Badge.

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.  Award of the BSM for acts of merit or meritorious service for a lesser degree than that required for the Legion of Merit must however have been meritorious and accomplished with distinction.  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.  There is no recommendation for or award of the BSM in the applicant’s records; however, the record clearly shows the unit had no intention of recommending him for award of the BSM or any other award for meritorious service.  

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 this 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

_kak____  _raw____  _jh_____   DENY APPLICATION

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

INDEX

CASE ID	AR2001062795	
SUFFIX		
RECON		
DATE BOARDED	2001062795	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.14	
2.		
3.		
4.		
5.		
6.