MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 September 1999  
	DOCKET NUMBER:   AR1999022283

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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 Transfer or Discharge) to show award of the Silver Star, Bronze Star Medal with “V” Device and a second award of the Purple Heart (correctly known as the Purple Heart with one Oak Leaf Cluster).

APPLICANT STATES:  In effect, that he is entitled to these awards. 

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

The applicant enlisted on 18 July 1960 for a period of 3 years.  He was honorably discharged on 27 July 1963 and immediately reenlisted on 28 July 1963 for a period of 3 years.  He served as a light weapons infantryman in Vietnam from
21 December 1965 to 27 September 1966 and was honorably discharged on
27 March 1967.

The applicant’s DD Forms 214, which were authenticated in his own hand, do not show the Silver Star, the Bronze Star Medal with “V” Device or the Purple Heart with one Oak Leaf Cluster as authorized awards.  The DD Form 214 with an effective date of 27 March 1967 does show one award of the Purple Heart.

There is no evidence in the applicant’s personnel records which shows the applicant was recommended for or awarded the Silver Star. 

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

Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record), which was authenticated in his own hand, shows one entry “Grenade Fragments R/Leg, R/Side, and R/Arm 5 Feb66”.  Item 41 (Awards and Decorations) shows entitlement to one award of the Purple Heart.

Headquarters United States Army Vietnam General Orders Number 2426, dated 21 April 1966, shows the applicant was awarded the Purple Heart for wounds sustained on 5 February 1966.

There is no evidence in the applicant’s records that show he was injured or wounded a second time as a result of hostile action in Vietnam.    

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
Army Regulation 600-8-22 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of a certain decorations, among which is the Purple Heart.

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.  Although the applicant contends that he received the Silver Star, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received the Silver Star.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

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 correction of his DD Form 214 to show this award.

3.  Evidence of record shows the applicant was wounded on 5 February 1966 as a result of hostile action in Vietnam and awarded the Purple Heart.

4.  Evidence of record also shows the applicant signed his DD Form 214 and DA Form 20 attesting to the fact he was entitled to one award of the Purple Heart.

5.  The preponderance of evidence in this case shows the applicant was wounded once, not twice.  Therefore, he is not entitled to correction of his records to show the Purple Heart with One Oak Leaf Cluster.

6.  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.

7.  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

MKP____  TNK____  JMA_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022283	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19670327	
DISCHARGE AUTHORITY	AR 635-200   	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.	107.0014	
3.	107.0015	
4.		
5.		
6.