APPLICANT REQUESTS: That his records be corrected to show entitlement to award of the Bronze Star Medal (BSM).
APPLICANT STATES: That, by a mistake, his name was left off an order for the BSM. He submits a letter of support from his former section leader.
EVIDENCE OF RECORD: The applicant's military records show:
On 30 December 1965, he enlisted in the Regular Army.
During the period 8 June 1966-4 June 1967, he served in the Republic of Vietnam (RVN), with an Engineer unit.
On 22 December 1980, the applicant was honorably separated under AR 635-200, chapter 2, based on the expiration of his term of service. His Report of Separation indicates he had 14 years, 11 months and 23 days of creditable service. He was authorized the Army Commendation Medal, the Good Conduct Medal, the Army Achievement Medal, the National Defense Service Medal, the Vietnam Service Medal, the RVN Campaign Medal, the RVN Cross of Gallantry with Palm, and, the NCO Professional Development Ribbon.
On 18 July 1983, as a member of the Army Reserve, he entered active duty and remained until his separation on 31 December 1988 and subsequent placement on the retired list the following day.
On 31 December 1996, the Commander, Total Army Personnel Command provided an opinion (COPY ATTACHED) which indicated that there is no documentation to show that he had ever been recommended for or awarded the BSM; the letter of support was very vague and did not provide any official evidence that a recommendation had been made; the applicant has provided no evidence to show that he was recommended for or awarded the BSM; the applicant is entitled to award of the Meritorious Unit Citation (MUC) with First Oak Leaf Cluster, and, finally; that the applicants request be denied.
AR 600-8-22, Military Awards, indicates, in pertinent part, 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, and advisory opinion, it is concluded:
1. 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.
2. There is no evidence that a recommendation was made or that orders were published for award of the BSM.
3. This Board notes that the act of escorting surrendering soldiers would hardly be considered an act of valor or a meritorious achievement or service
4. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: Commander, ARPERCEN: Request an administrative correction to the applicants record, to show entitlement to the MUC with one bronze oak leaf cluster, and that the applicant be furnished a copy.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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