MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC

	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	
	M		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 he be awarded the Medal of Honor and that his records be corrected to show he received a battlefield commission.

APPLICANT STATES:  He was overlooked and misused by the Army.

COUNSEL CONTENDS:  Counsel makes no contention.

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

He was inducted into the Army on 24 October 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11H (Infantry Direct Fire Crewman).

He arrived in Vietnam on 1 April 1967.  On 2 January 1968, during a battle with enemy forces, he was severely wounded by rocket fragments.  He earned the Distinguished Service Cross for his actions during this battle.  He was medically evacuated from Vietnam on 6 February 1968.  He was permanently retired by reason of physical disability on 3 February 1969 in pay grade E-4.

Army Regulation 600-8-22 provides, in pertinent part, that the Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the Untied States.  The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved risk of life. Incontestable proof of the performance of the service is required.

The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

Army Regulation 601-50 governs the appointment of temporary commissioned officers in the Army of the United States for immediate active duty.  It is to be used only when Reserve and Regular Army procurement programs are unable to provide the numbers and types of individuals on active duty in emergency situations.  In pertinent part it gives the criteria that apply to battlefield appointments.  Among other criteria, the person must have shown fitness for appointment by actual leadership performance and a table of organization and equipment and table of distribution vacancy must exist..

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.  If the applicant feels his Distinguished Service Cross for his actions on 1 and 2 January 1968 should be upgraded, a reconstructed award recommendation must be prepared.  DA Form 638 (Recommendation for Award) must be completed with information pertaining to you and your unit of assignment during the period for which you are being recognized.  A narrative of the action(s) for which you are being recognized is required.  Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act(s) of valor performed, sworn affidavits, certificates and any other related documentation.  The request, which should be mailed to Commander, United States Army Personnel Command, ATTN:  TAPC-PDA, 200 Stovall Street, Suite 7S07, Alexandria, VA  22332-0471, will be considered only if it has been referred to the Secretary of the Army by a Member of Congress.

2.  The applicant has provided no evidence that he met the criteria for a battlefield commission.  By his own statement, he was a Specialist Four acting as a Sergeant, not a commissioned officer.

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director