MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   .

	BOARD DATE:         3 December 1998                     
	DOCKET NUMBER:   AC98-09724

	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. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Roger W. Able		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:  That his military records be corrected to reflect award of a Bronze Star Medal for the period October 1965 through April 1966 and that he be awarded a Soldier’s Medal.

APPLICANT STATES:  In effect, that he was told he was being recommended for an award of the Bronze Star Medal for meritorious service during the period October 1965 through April 1966 while assigned to the Military Assistance Command-Vietnam.  However, he notes he rotated back to the United States and never received the award.  He states he received two awards of the Bronze Star during his military service (6410-6510, 6701-6712) but maintains he should have received a total of three awards.

He also states that sometime between August and October 1967, while in Vietnam, he “came upon a soldier lying upon the ground unconscious and [who] appeared to be having a convulsion.  He had a roll of wire around his neck with one end connected to an overhead line.”  He states he attempted to remove the wire but was shocked and so took a stick and was then able to remove the wire.  He notes he then began administering first aid.  He notes he was subsequently told was being recommended for a Soldier’s Medal for his actions.

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

He served an initial period of active duty between June 1959 and June 1961.  On 22 June 1962 he re-enlisted and served on continuous active duty until 
21 November 1968.  During his last period of active duty he was trained and served as a military policemen.

Between 1962 and 1968 the applicant was awarded two Bronze Star Medal.  Both awards were for meritorious service and both awards were confirmed in orders.  The initial award, announced in orders published on 29 November 1965, while the second award covered the period January through December 1967 and was confirmed in orders published by the 18th Military Police Brigade in Vietnam on 31 December 1967.

Subsequent to the applicant’s separation from active duty in 1968 he continued to serve in the Army Reserve and Army National Guard until his name was placed on the retired rolls in pay grade E-9, after more than 20 years of active and inactive Federal service.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished 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.

Army Regulations 600-8-22 also provides that the Soldier's Medal is awarded for distinguished heroism not involving conflict with the enemy.  The action must have involved personal danger or hazard and the voluntary risk of life.  Awards are not to be based solely upon the saving of a life.

As with all personal decorations, the Bronze Star Medal and Soldier’s Medal require a formal recommendation, approval through the chain of command, and announcement in orders.

Telephonic information received by a member of the Board’s staff from the Total Army Personnel Command indicated that a search of Vietnam era orders failed to reveal a third award of the Bronze Star Medal or that the applicant had ever been awarded the Soldier’s Medal.

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.  There is no evidence, nor has the applicant provided any, which confirms he was ever recommended for, or awarded a third Bronze Star Medal or the Soldier’s Medal.

2.  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.

3.  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

__jns____  ___ew___  __rwa___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.