MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 May 1999   
	DOCKET NUMBER:   AR1999016656

	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. Ernest M. Willcher		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Margaret V. Thompson		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:  Award of the Soldier’s Medal.  

APPLICANT STATES:  In effect, that between 27-29 January 1969, while on charge of quarters, a terrorist associated with the Black Panthers Militant Group tried to kill him by throwing a home made bomb at him.  He contends that he should be awarded the Soldier’s Medal for his actions for trying to protect his sleeping company personnel from additional terrorist acts that night by attempting to disable the terrorist.  In support of his application, he submits a letter of explanation and states that he has a Post-Traumatic Stress Disorder claim pending with the Veterans Affairs (VA) and that he has been denied compensation four times since 1981 by the VA.         

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

The applicant joined the Texas Army National Guard and was ordered to active duty on 26 February 1963 for 6 months.  He was released from active duty on
16 September 1963 and reverted to State Control (Texas) to complete his remaining service obligation.  He enlisted in the Regular Army on 1 October 1963 for a period of 3 years, served as an automotive repairman and was honorably discharged on 2 December 1964 for immediate reenlistment.  He reenlisted on
3 December 1964 for a period of 3 years, served as a truckmaster in Vietnam from 5 March 1966 to 16 February 1967 and was honorably discharged on
4 September 1967.  He reenlisted on 5 September 1967, served in Germany from 18 April 1968 to 28 March 1971 and was discharged on 11 June 1973 with an honorable discharge.

The applicant’s four DD Forms 214 (Report of Transfer or Discharge), which are authenticated in his own hand, do not show the Soldier’s Medal as an authorized award.

There is no indication in the applicant’s records that he was recommended for or awarded the Soldier’s Medal. 

Army Regulations 600-8-22 (Military Awards), provides in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving conflict with the enemy.  The action must have involved personal danger or hazard and the voluntary risk of life.  Awards are not to be based solely upon the saving of a life. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

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 should be awarded the Soldier’s Medal for his actions in January 1969.  However, there is no evidence available to the Board, and the applicant has provided no evidence, that shows he was recommended for or awarded the Soldier’s Medal.  Therefore, he is not entitled to correction of his military records to show award of this medal.

2.  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.

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

EMW____  HOF____  MVT____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016656	
SUFFIX		
RECON		
DATE BOARDED	19990520	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19730611	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	TO ACCEPT EMPLOYMENT	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.