PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 14 April 1999
	DOCKET NUMBER:        AR1998013356

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Silver Star.

3.  The applicant states, in effect, that the Silver Star was omitted from his 
DD Form 214.  He also states that he is well deserving of the Silver Star for his actions.

4.  The applicant’s military records show he was inducted on 5 March 1969 and was honorably discharged on 28 May 1969 for enlistment in the Regular Army (RA) for the purpose of attending Officer Candidate School (OCS).  He enlisted on 29 May 1969 and continued to serve until he was discharged to accept a commission as an officer in the RA on 22 January 1970.  

5.  On 23 January 1970 he was commissioned as a second lieutenant in the Signal Corps with a concurrent call to active duty.  He remained on active duty until he was honorably released from active due to his expiration of active duty commitment on 20 October 1971.

6.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Army Commendation Medal, the Sharpshooters Qualification Badge (M14) with Rifle Bar, the Marksmanship Qualification Badge (M16) with Rifle Bar, and the Expert Qualification Badge (Hand Grenade).  

7.  The applicant’s records failed to show that he was recommended for or awarded the Silver Star.  His records do not show that he was recognized for gallantry in action against an armed enemy, which would have resulted in the award of the Silver Star.

8.  The applicant’s personnel records show that he was awarded the Good Conduct Medal for the period 5 March 1969 to 22 January 1970 by General Order Number 207, dated 20 November 1970 which is not shown on his DD Form 214.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1.  There is no evidence, and the applicant has provided no evidence to show he was recommended for or awarded the Silver Star; therefore, he is not entitled to
the award of the Silver Star.

2.  Evidence of record shows that he was awarded the Good Conduct Medal
for the period 5 March 1969 to 22 January 1970.  Therefore, he is entitled to correction of his records to show this award.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing in item 24 of his DD Form 214 dated 22 January 1970 that he was awarded the Good Conduct Medal.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

KLW____  AAO_____  TBR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Karen L. Wolff________
		CHAIRPERSON

INDEX

CASE ID	AR1998013356	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19711020	
DISCHARGE AUTHORITY	AR 635-100	
DISCHARGE REASON		
BOARD DECISION	GRANT/ DENY	
REVIEW AUTHORITY		
ISSUES         1.107		
2.		
3.		
4.		
5.		
6.