MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           12 August 1999   
	DOCKET NUMBER:   AR1999015335

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Ms. Meta Waller		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 DD Form 214 (Report of Separation from Active Duty) to show his dates of service in Vietnam; award of the Bronze Star Medal with “V” Device, the Purple Heart, the Vietnam Service Medal, the Meritorious Service Medal and the Good Conduct Medal.  He also requests that his rank and pay grade be corrected to show sergeant/E-5 instead of specialist four/E-4.    

APPLICANT STATES:  In effect, that he served in Vietnam from 3 January 1970 until approximately 30 January 1972, that he was awarded the aforementioned decorations and that his rank was sergeant.  In support of his application, he submits numerous photographs depicting events in Vietnam, numerous photographs of Vietnamese currency and his honorable discharge certificate. 

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

The applicant enlisted in the Texas Army National Guard on 26 April 1964 and was honorably discharged on 25 November 1964 for reason of physical disability. He enlisted in the Regular Army on 15 June 1972 for a period of 4 years.  He served as an unit supply specialist in Germany from 9 January 1973 through
14 May 1974.  On 15 May 1974 the applicant was separated with an honorable discharge under the provisions of Army Regulation 635-200, chapter 13, for unsuitability (character and behavior disorders).

The applicant’s DD Form 214, which was authenticated in his own hand, does not show any Vietnam service or the Bronze Star Medal with “V” Device, the Purple Heart, the Vietnam Service Medal, the Meritorious Service Medal or the Good Conduct Medal as authorized awards.  Item 6a (Grade, Rate or Rank) of the DD Form 214 shows “SP4” [specialist four] and item 6b (Pay Grade) shows ‘E-4”.

There is no evidence in the applicant’s personnel records that he served in Vietnam.

There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Bronze Star Medal with “V” Device.

There is no indication in the applicant’s personnel records that shows he was awarded the Purple Heart or was wounded or treated for wounds as a result of hostile action.

There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Meritorious Service Medal.

There is no evidence of record that shows the applicant met the qualifications for or was recommended for the Good Conduct Medal.    
Headquarters United States Army, Europe and Seventh Army Special Orders Number 309, dated 5 November 1973, shows the applicant was promoted to specialist four (SP4).  There is no indication in the applicant’s records that he was promoted to sergeant/E-5 prior to his discharge on 15 May 1974.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. 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. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

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.

Army Regulation 600-8-22 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 provides, in pertinent part, that the Meritorious Service Medal is awarded to a members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  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, reconsideration, nor for upgrading to a more prestigious award.  The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.  Furthermore the Army discourages self-aggrandizement and precludes individuals from recommending themselves for awards.

Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

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 Board noted the applicant’s contention that he served in Vietnam from
3 January 1970 to approximately 30 January 1972.  The Board also noted the numerous photographs depicting events in Vietnam and the photographs of Vietnamese currency provided by the applicant.  However, there is no evidence of record available to the Board which shows the applicant served in Vietnam.  Therefore, he is not entitled to correction of his DD Form 214 to show Vietnam service.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal with "V” Device.  Therefore, he is not entitled to this award.

3.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action.  Therefore, he is not entitled to award of the Purple Heart.

4.  The applicant is not eligible for award of the Vietnam Service Medal because he did not serve a period of qualifying service in Vietnam.  Therefore, he is not entitled to correction of his records to show this medal.

5.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Meritorious Service Medal.  Therefore, he is not entitled to this award.

6.  There is no evidence of record available to the Board which shows the applicant completed a qualifying period of active duty enlisted service for award of the Good Conduct Medal.  Therefore, he is not entitled to this award.    

7.  Contrary to the applicant’s contention that his rank and pay grade be corrected to show sergeant/E-5, evidence of record shows the applicant was a specialist four/E-4 at the time of his separation.  Therefore, items 6a and 6b of the applicant’s DD Form 214 are correct as currently constituted.

8.  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.

9.  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____  JMA_____  MW_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015335	
SUFFIX		
RECON		
DATE BOARDED	19990812	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19740515	
DISCHARGE AUTHORITY	AR 635-200, Chapter 13	
DISCHARGE REASON	Unsuitability (character and behavior disorders)	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.	107.0073	
4.	107.0017	
5.	107.0056	
6.	129.0500