MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:             10 November 1998                 
	DOCKET NUMBER:   AC98-08835

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Ms. Margaret K. Patterson		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 records be corrected to show his entitlement to award of the Silver Star and the Armed Forces Expeditionary Medal.

APPLICANT STATES:  That he was not awarded the Armed Forces Expeditionary Medal for service in Vietnam from October 1964 to October 1965. Also, an officer told him that he was going to recommend him for the Silver Star for things he did during the Tet offensive in February 1968.

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

He enlisted on 4 June 1956 and was separated after 20 years and 12 days of active service on 31 June 1976.  During the periods 27 October 1964 to            26 October 1965 and 7 October 1967 to 6 October 1968, the applicant served in Vietnam.

His DD Form 214 (Report of Separation from Active Duty), dated 31 June 1976, does not show the Silver Star or the Armed Forces Expeditionary Medal as authorized awards.  The Board notes that he was entitled to award of the Bronze Star Medal for Heroism for his valorous actions on 1 February 1968, the same period for which he is requesting award of the Silver Star.

Army Regulation 600-8-22 (Military Awards) 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U. S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes the requirement to be a bona fide member in a unit and to be engaged in the operations or service in the area of operations for 30 days, be engaged in direct support of the operation for           30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in the regulation.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

Army Regulation 600-8-22 (Military Awards) further clarifies that individuals qualified for the Armed Forces Expeditionary Medal for reason of service in Vietnam between 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request (unit personnel officer) any such individual may be awarded the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal.  In such instances, the Armed Forces Expeditionary Medal will be deleted from the list of authorized medals in personnel records.  No person will be entitled to both awards for Vietnam service.

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 applicant’s request for award of the Silver Star and the circumstances surrounding his heroic actions are the same, to include the date of action, as those stated in the citation for award of the Bronze Star Medal for Heroism.  It is apparent that the recommending official either recommended the Silver Star which was downgraded to the Bronze Star or that he recommended the Bronze Star for Heroism without informing the applicant of the change.

2.  Regulatory requirements dictate that either the Vietnam Service Medal or the Armed Forces Expeditionary Medal will be awarded for service in the same area. Evidence shows the applicant was awarded the Vietnam Service Medal.  Should the applicant have elected award of the Armed Forces Expeditionary Medal, he would not have been entitled to award of the Vietnam Service Medal.

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

CMF_____  INW____  MKP____  DENY APPLICATION

						Loren G. Harrell
						      Director