MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           10 February 2000                  
	DOCKET NUMBER:   AR1999027782

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		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:  That on 9 February 1971 he carried a fellow “GI” out of a mine field after he had his foot blown off by a landmine.  He contends that he only had 30 days left in the service, that his company commander put him in for a medal and he did not get it until he was at home and his DD Form 214 (Report of Transfer or Discharge) had been filed.  He believes that the Soldier’s Medal should be added to his DD Form 214.  In support of his application, he submits a copy of his DA Form 2-1 (Personnel Qualification Record) for his service in the USAR which shows “SM” in item 9 (Awards and Decorations & Campaigns)    

COUNSEL CONTENDS:  The Veterans of Foreign Wars, as counsel for the applicant, contends that the applicant’s file clearly shows that he was awarded the Soldier’s Medal.  Counsel notes that the award is listed on numerous documents contained in the file including the applicant’s DA Form 2-1 and DD Form 214 Member 1 and 2 issued upon the date of his discharge on 9 March 1971.  Counsel asks the Board to find in favor of the applicant and amend his DD Form 214 to include the award of the Soldier’s Medal as indicated by the applicant’s previous DD Form 214 or to issue a DD Form 215 (Correction to DD Form 214) to include the award of the Soldier’s Medal.      

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

The applicant was inducted on 17 July 1969.  He served as an automotive repair parts specialist in Vietnam from 13 January 1970 through 8 March 1971 and was honorably discharged on 9 March 1971 and transferred to the USAR. 

The applicant’s DD Form 214, which is filed in the applicant’s Official Military Personnel File (OMPF) has an effective date of 9 March 1971.  This DD Form 214 is authenticated in the applicant’s own hand and does not show the Soldier’s Medal as an authorized award.

The applicant’s records contain a DA Form 3072-1 (Request for Waiver of Disqualification for Enlistment/Reenlistment) dated 22 March 1976.  Attached to this DA Form 3072-1 is a reproduced copy of a DD Form 214 with an effective date of 9 March 1971, which is listed as “Incl #1”.  This DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the entry “SOILDERS MEDAL” which is in a different type than the rest of the entries on this DD Form 214.    

The applicant’s records also contain a 30 November 1998 letter from the applicant to the Custodian of his records at the National Personnel Records Center.  An attachment to this letter is a reproduced copy of the same DD Form 214 which is in the applicant’s OMPF.  However, this reproduced DD Form 214 now contains the entry “SOLDIERS MEDAL”.  
There are no orders for award of the Soldier’s Medal in the applicant’s personnel records.  The applicant’s DA Form 20 (Enlisted Qualification Record), which covers his period of service in Vietnam, does not show entitlement to the Soldier’s Medal in item 41 (Awards and Decorations).

The applicant provided a copy of DA Form 2-1 which covers his period of service in the USAR and shows “SM” in item 9 (Awards, Decorations & Campaigns).  This document was authenticated in his own hand on 1 May 1976.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.  Awards of the Soldier’s Medal will not be made solely on the basis of having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  DD Form 214 (Certificate of Release or Discharge) alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

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 was awarded the Soldier’s Medal for his actions on 9 February 1971.  The Board also noted the two reproduced copies of the applicant’s DD Form 214 which appear to have been altered to add award of the Soldier’s Medal after the fact. 

2.  In view of the facts that the original copy of the applicant’s DD Form 214 in his OMPF does not show the Soldier’s Medal as an authorized award and that there is no order, letter, or memorandum available which shows the applicant was awarded the Soldier’s Medal, the applicant is not entitled to correction of his military records to show award of the Soldier’s Medal.

3.  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.

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

VBC____  JPS_____  KLW____  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999027782	
SUFFIX		
RECON		
DATE BOARDED	20000210	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19710309	
DISCHARGE AUTHORITY	AR 635-200  	
DISCHARGE REASON	Early separation of oversea returnee	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0010	
2.		
3.		
4.		
5.		
6.