MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 November 1999                   
	DOCKET NUMBER:   AR1999024122

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Orville W. Troesch, Jr.		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 DD Form 214 be corrected to show he was a Specialist Four (SP4), E-4 at the time he was medically retired.  It should also show he was awarded the Silver Star.

APPLICANT STATES:  The applicant makes no statement and provides no supporting evidence.

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

He enlisted in the Regular Army on 30 July 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He arrived in Vietnam on               29 December 1966 where he served as a machine gunner.  He was promoted to SP4, E-4 on 27 November 1967.  He departed Vietnam on 21 December 1967 and was awarded the Combat Infantryman Badge and the Bronze Star Medal.  There is no evidence of record to show he was awarded the Silver Star.

On 31 December 1969, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave from    9 – 29 December 1969.  His punishment was a reduction to Private First Class (PFC), E-3, restriction for two months and a forfeiture of $115 pay for 2 months.  (The restriction and forfeiture of pay were suspended; the reduction was not suspended.)

On 6 April 1971, the applicant was retired by reason of a physical disability (with a 70 percent disability rating for psychotic depressive reaction).  His DD Form 214 shows his rank and pay grade as PFC, E-3.  Department of the Army had directed he be placed on the TDRL in the grade of SP4.  On 7 April 1971, he was placed on the TDRL in the rank of SP4.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge or release from active military service or control of the Amy.  It establishes standardized policy for the preparation of DD Form 214. The DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

Army Regulation 600-8-22, in pertinent paragraph, establishes that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.

The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

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 DD Form 214 properly shows his rank and grade as PFC, E-3. As he was reduced to PFC on 31 December 1969 and had not been promoted to SP4 before he was discharged, PFC was the rank he held at the time of his separation on 6 April 1971.  Department of the Army directed his placement on the TDRL in the rank of SP4, and he was properly placed on the TDRL, effective 7 April 1971, in the rank of SP4.

3.  There is no evidence of record to show the applicant was awarded the Silver Star and he has not provided any.  If he feels he should have been awarded the Silver Star, a reconstructed award recommendation must be prepared.  DA Form 638 (Recommendation for Award) must be completed with information pertaining to him and his unit of assignment during the period for which he feels he should be recognized.  A narrative of the action for which he is being recognized is required.  Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act(s) of valor performed, sworn affidavits, certificates and any other related documentation.  The request(s), which should be mailed to Commander, United States Army Personnel Command, ATTN:  TAPC-PDA, 200 Stovall Street, Suite 7S07, Alexandria, VA  22332-0471, will be considered only if it has been referred to the Secretary of the Army by a Member of Congress.

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

__sac___  __gdp___  ___owt__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024122	
SUFFIX		
RECON		
DATE BOARDED	19991123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.	129.05	
3.		
4.		
5.		
6.