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Decision Text

ARMY | BCMR | CY1997 | 9710702
Original file (9710702.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Correction of his military records to show that he was awarded the Bronze Star Medal.

APPLICANT STATES : That the motor transportation officer did the paperwork for him to receive the Bonze Star Medal, but he never received it. He was recommended for the medal because in 1971 he had recovered a stolen vehicle from a South Vietnamese auto body shop.

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

On 21 October 1969 the applicant, with 2 years of prior service, enlisted in the Regular Army for 3 years. During this tour he served in Vietnam from September 1971 to May 1972. He was separated at his expiration term of service on 20 October 1972. His DD Form 214 shows that he was awarded the National Defense Service Medal, the Army Good Conduct Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

A review of his Official Military Personnel File fails to show any recommendation for award of the Bronze Star Medal or any mention of the event described by the applicant.

Army Regulation 600-8-22 provides, in pertinent part, that
the Bronze Star Medal is awarded to any person who
distinguishes himself by heroism or meritorious
achievement or service, not involving participation in
aerial flight in connection with military operations
involving conflict with an opposing armed force. 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. Other than the applicant’s statement, there is no evidence in his military record that he was actually recommended for the Bronze Star Medal.

2. Although he may recall that he was recommended for the Bronze Star Medal, that alone is not a basis to award the decoration.

3. In the absence of evidence to the contrary, it must be presumed that the applicant was not awarded the Bronze Star Medal.

4. 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
                                                      Acting Director

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