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ARMY | BCMR | CY2002 | 2002076976C070215
Original file (2002076976C070215.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 10 December 2002
         DOCKET NUMBER: AR2002076976

         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Ms. Celia L. Adolphi Chairperson
Mr. Ted S. Kanamine Member
Mr. Conrad V. Meyer 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: In effect, that his record be corrected to show he was awarded the Bronze Star Medal (BSM).

APPLICANT STATES: In effect, that he is certain that he was awarded the BSM back in 1971, near the end of his tour in the Republic of Vietnam (RVN). He claims that he remembers receiving the award while serving with the 101st Airborne Division at Camp Eagle, before he left the RVN. He states that it is also possible that he received the award in the last month of his tour. He states that he kept the medal and citation for some time, but they have been lost for years. He states that he would like a confirmation and for the award to appear in his records. He states that while he served in the RVN, he earned the Combat Infantryman Badge (CIB), RVN Campaign Ribbon, and the RVN Gallantry Cross with Palm Unit Citation. He states that orders confirming he received these awards will likely be with those on file for the Rangers, Company L, 101st Airborne Division, during his time with the organization.

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

He was inducted into the Army for two years on 29 August 1969. He successfully completed basic training at Fort Dix, New Jersey, and advanced individual training (AIT) at Fort Gordon, Georgia. He also completed Noncommissioned Officer and Ranger training at Fort Benning, Georgia.

Upon completion of training, the applicant was awarded military occupational specialty (MOS) 11B40 (Light Weapons Infantryman) with the additional skill identifier of V (Ranger). Upon completion of training, he was assigned to the RVN for his first permanent duty station.

The applicant’s Personnel Qualification Record (DA Form 20) shows that he arrived in the RVN on 7 October 1970, and on 20 October 1970, he was further assigned to Company C, 2nd Battalion, 506th Infantry Regiment, as a squad leader. On 2 November 1970, he was reassigned to Company L (Ranger),
75th Infantry Regiment, as a squad leader. On 3 June 1971, he was again reassigned to Company E, 2nd Battalion, 327th Infantry Regiment, as a squad leader.

Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that he earned the following awards during his active duty tenure: National Defense Service Medal; Parachutist Badge; Ranger Tab; Vietnam Service Medal; Army Commendation Medal; Marksman Marksmanship Qualification Badge
(M-16 Rifle); and Sharpshooter Marksmanship Qualification Badge (M-14 Rifle).


The applicant’s Military Personnel Records Jacket (MPRJ) contains no copy of any orders awarding him the BSM. However, it does contain a copy of General Orders Number 1671, issued by Headquarters, 101st Airborne Division, RVN, which awarded the applicant the Army Commendation Medal for his meritorious achievement, for the period 1 September 1970 through 31 January 1971, while he was assigned to Company L (Ranger), 75th Infantry Regiment.

On 21 August 1971, the applicant was honorably separated from active duty, by reason of overseas returnee. At the time of his separation, he had completed a total of 1 year, 11 months, and 23 days of active military service. The separation document (DD Form 214) issued to and authenticated by the applicant with his signature on the date of his separation lists the following awards he earned during his tenure on active duty: National Defense Service Medal; Parachutist Badge; Ranger Tab; Vietnam Service Medal; Army Commendation Medal; Marksman Marksmanship Qualification Badge (M-16 Rifle); and Sharpshooter Marksmanship Qualification Badge (M-14 Rifle). The BSM is not included in this list of authorized awards.

On 7 December 2001, a Correction to DD Form 214 Certificate of Release or Discharge from Active Duty (DD Form 215) issued to the applicant by The Adjutant General, added the following awards to his record and separation document: CIB; RVN Campaign Medal with Device 1960; and RVN Gallantry Cross with Palm Unit Citation Badge.

Although the applicant’s records failed to show that he was ever recommended for or awarded the BSM, a member of the Board staff still conducted a review of the unit historical files of the units of the 101st Airborne Division in which the applicant served in the RVN, which are maintained at the National Archives to confirm the results of the records review. This search of the files of Company C, 2nd Battalion, 506th Infantry Regiment, Company L (Ranger), 75th Infantry Regiment, and Company E, 2nd Battalion, 327th Infantry Regiment, also failed to provide evidence to show the applicant was ever awarded the BSM while serving in the RVN.

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 notes the applicant’s contention that he was awarded the BSM prior to his departure from the RVN, however, it finds insufficient evidence to support this claim.


2. The applicant’s DA Form 20 contains no indication that the applicant was ever awarded the BSM during his active duty tenure. In addition, his MPRJ contains no orders or other documents that verify that he was recommended for or received this award. Further, the list of awards he received during his active duty tenure contained in Item 24 of the DD Form 214 he was issued upon his separation, which he verified with his signature, does not include the BSM. Finally, a search of the unit historical files at the National Archives also failed to provide evidence supporting his claim of entitlement to the BSM.

3. The Board wishes to congratulate the applicant on his service to our country and to advise him that the veracity of his claim of entitlement to the BSM is not in question. However, given the lack of evidence to support this claim, the Board is compelled to deny the requested relief in the interest of all those who served in the RVN and who faced similar circumstances.

4. 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 this requirement.

5. 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

__CLA__ __TSK___ __CVM__ DENY APPLICATION




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




INDEX

CASE ID AR2002076976
SUFFIX
RECON
DATE BOARDED 2002/12/10
TYPE OF DISCHARGE HD
DATE OF DISCHARGE Y1971/08/21
DISCHARGE AUTHORITY AR 635-200
DISCHARGE REASON Overseas Returnee
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 60 107.0014
2.
3.
4.
5.
6.



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