MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            2 December 1998
	DOCKET NUMBER:   AC98-11699

	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.	Jessie B. Strickland		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 applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 Silver Star (SS), the Bronze Star Medal (BSM) for valor, and the Army Commendation Medal (ARCOM) for valor. 

APPLICANT STATES:  In effect, that he did not receive proper recognition for his service to his country and he desires that he receive awards of the SS, BSM, and ARCOM for his service in Vietnam.  In support of his application he submits several articles regarding unclaimed medals and a cover-up of the use of chemical weapons during the Gulf War.

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

The applicant was inducted on 17 September 1969.  He successfully completed his training and was assigned to Fort Sill, Oklahoma.

On 23 August 1970 he was transferred to Vietnam for duty as a rifleman.  While in Vietnam he was awarded the Combat Infantryman Badge, the Purple Heart, the Vietnam Service Medal, and the Vietnam Campaign Medal.  There is no indication in his official records that he was ever recommended for or awarded any other awards for his combat service in Vietnam.

He continued to serve in Vietnam until he was returned to Fort Lewis, Washington, as an overseas returnee for separation on his expiration of term of service.  He was honorably released from active duty on 22 August 1971 and was transferred to the USAR Control Group (Annual Training).  He had served 1 year, 11 months, and 6 days of total active 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.  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.

2.  The applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that he was ever recommended for award of the SS, BSM or ARCOM, or that such requests were submitted and not properly acted upon.  Therefore, in the absence of evidence to the contrary and considering the passage of time, it must be presumed that the action’s taken by the Department at the time were appropriate. 

3.  While the applicant may believe that he was entitled to additional awards, such awards required a recommendation through appropriate channels.  There were not then, nor are there now, automatic entitlements for these awards. 

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

__rvo ___  ___gp___  ___jhk___  DENY APPLICATION

						Loren G. Harrell
						Director