MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:.

	BOARD DATE:            2 December 1998                 
	DOCKET NUMBER:   AC98-10067

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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 entitlement to award of the Medal of Honor.

APPLICANT STATES:  That he was told at the time he was awarded the Silver Star that it was politically incorrect to award the Medal of Honor, but to wait for five years and resubmit it.  He also states there was a news blackout at the time of the Cambodia invasion.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 28 January 1969.  He served in Vietnam from 29 June 1969 to 12 May 1970.  He was honorably separated on 28 December 1971.  At the time of his separation, he was entitled to award of the Silver Star, the Purple Heart, the Army Commendation Medal, the Air Medal, the Combat Infantryman Badge, the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

There are no entries on the applicant’s DA Form 2-1 (Enlisted Qualification Record) which show that he was recommended for or entitled to award of the Medal of Honor.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Medal of Honor.  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 or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The regulation provides that 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 the risk of life.  Further, the regulation requires that “incontestable proof” of the performance of the service will be exacted and each recommendation for this decoration will be considered on the standard of extraordinary merit.

Army Regulation 600-8-22 (Military Awards) also states it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored.  The Army does not condone self-recognition; therefore, a soldier may not recommend himself/herself for award of a decoration.

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 was awarded the Silver Star for his actions on 25 April 1970.  Award of the Silver Star was recommended and submitted through channels to the award approval authority who determined the Silver Star was the appropriate recognition for the applicant’s actions.  The award approval authority could have recommended award of the Medal of Honor, but chose not to do so.

2.  In the absence of evidence that the applicant was recommended for the Medal of Honor at the time in question, the Board found no basis for upgrading the applicant’s Silver Star to the Medal of Honor.

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

RVO____  GDP____  JHK_____  DENY APPLICATION

						Loren G. Harrell
						      Director