MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 October 1998                  
	DOCKET NUMBER:   AC98-07048

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred K. McCoy		Member	
	Ms. Shirley L. Powell		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:  Correction of his records to show award of the Silver Star and the Purple Heart.

APPLICANT STATES:  That the officers in charge did not follow proper procedures to “appropriate” these awards.  In support of his application, he submits a letter of explanation and a copy of a staff journal.

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

The applicant enlisted on 22 September 1964 and completed training as an infantryman.  He served in the Dominican Republic from 1 May 1965 to 
24 September 1965.  He later served in Vietnam from 18 May 1966 to 29 May 1967 and was separated from active duty on 21 September 1967.  The applicant’s DD Form 214 (Report of Transfer or Discharge) does not show the Silver Star or the Purple Heart as authorized awards.

There are no orders in the applicant’s personnel records which show he was awarded the Silver Star.  There is no indication in his records that he was recommended for the Silver Star.

There is no evidence the applicant was awarded the Purple Heart or treated for wounds due to hostile action.  Informal coordination with the Awards Branch, Total Army Personnel Command revealed that the applicant was not listed on the Vietnam Casualty Roster.

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.  

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

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 of record, and the applicant has not provided any evidence, which shows that he was recommended for or awarded the Silver Star. Therefore, he is not entitled to correction of his records to show this award.

2.  There is no evidence available to the Board which shows that the applicant was awarded the Purple Heart or was wounded or treated for wounds due to hostile action.  Therefore, the applicant is not entitled to the Purple Heart.

3.  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.

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

JH______  FKM____  SLP_____  DENY APPLICATION

						Loren G. Harrell
						Director