MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AR2000035237

	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. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Ernest W. Lutz, 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:  Award of the Medal of Honor, the Purple Heart and the Bronze Star Medal.

APPLICANT STATES:  That, on 5 September 1968, the Commanding General of the 1st Infantry Division advised the applicant that he was being submitted for the Medal of Honor.  The applicant also states that the Division Commander’s wife spoke with him at the same time.  The applicant states that he never received the medal and it does not show on his discharge document.  He also states that he has no records to submit, but requests that his records be reviewed by the Army Board for Correction of Military Records.  In support of his application, he submitted a copy of discharge document. 

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

The applicant was inducted on 16 August 1967 and completed training as a light weapons infantryman.  He served in Vietnam from 4 April 1968 through 10 February 1969.  The applicant was honorably discharged on 14 June 1969.

The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which the applicant authenticated in his own hand at the time of his separation, does not show the Medal of Honor, the Purple Heart or the Bronze Star Medal as authorized awards.

There is no evidence in the applicant’s personnel records that he was recommended for or awarded the Medal of Honor.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).

There is no evidence the applicant was recommended for or awarded the Bronze Star Medal.  His DA Form 20 does not show the Bronze Star Medal in item 41 (Awards and Decorations).

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Medal of Honor.  The Medal of Honor is awarded by the President in the name of Congress to a person who while a member of the Army distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The regulation provides that the deed performed must have been one of personal bravery or self sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved the risk of life.  Further, the regulation requires that “incontestable proof” of the performance of the service will be exacted and each recommendation for this decoration will be considered on the standard of extraordinary merit.  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 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, 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. 

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.  There is no evidence of record, and the applicant has provided no evidence, that he was recommended for or awarded the Medal of Honor.  Therefore, the applicant is not entitled to correction of his records to show award of the Medal of Honor.

2.  There is no evidence, and the applicant has provided no evidence, that he was awarded the Purple Heart.  There also is no evidence that the applicant was wounded or treated for wounds as a result of hostile action.  In the absence of any record that the applicant was wounded as a result of hostile action and treated for those wounds, there was no basis for award of the Purple Heart to the applicant.

3.  There is no evidence the applicant was recommended for or awarded the Bronze Star Medal; therefore, he is not entitled to award of the Bronze Star Medal.

4.  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.

5.  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

___DJ___  ___EL___  ___KAK_  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035237	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000801	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690614	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	EARLY RELEASE TO ATTEND SCHOOL	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR CHUN	
ISSUES         1.	107.000	
2.		
3.		
4.		
5.		
6.