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Decision Text

ARMY | BCMR | CY1995 | 9510067C070209
Original file (9510067C070209.TXT) Auto-classification: Denied
APPLICANT REQUESTS:  That he be issued the Bronze Star Medal (BSM) that he was awarded in Vietnam.

APPLICANT STATES:  In effect, that while he was in Vietnam in 1971 his unit came under attack and he assisted in getting personnel into a bunker and saving the life of another NCO.

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

He enlisted in the Regular Army for 6 years on 11 December 1970 and after training as a food service specialist served 10 months and 13 days in Vietnam.  He was honorably discharged on 1 December 1976 at the completion of his term of service.

His awards include the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the Sharpshooter Badge with rifle bar. 

The applicant’s military records contain no information indicating that he was either recommended for or awarded the BSM; nor, is there any information in the file concerning the lifesaving actions he performed while in Vietnam that he alludes to in the statement accompanying his application.

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

Policy guidance concerning military awards provides that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper 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.  After examining his military records, no evidence was found that he was awarded the BSM.  Further, the records contain no documentation to indicate that a recommendation might have been submitted but was lost or had failed to be acted upon by proper authority.

2.  In view of the foregoing, there appears to be 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
						Acting Director

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