MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 October 2000                   
	DOCKET NUMBER:   AR2000037749

	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	
	Mrs. Joyce A. Hall		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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:  In effect, that his award of the Distinguished Flying Cross (DFC) Medal be upgraded to the Silver Star Medal (SS).

APPLICANT STATES:  In effect, that he was recommended for the SS award and that it was downgraded to the DFC.  He also states that the combat action was on the ground and not in the air.  He further states that he was told that the Army did not want to give the SS award to aviators, only to ground troops.  He submits a copy of a newspaper clipping and a copy of the write up from his commander describing the event in support of his application.

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

On 13 July 1967, the applicant enlisted in the Regular Army for 2 years under the Warrant Officer Flight Training Program.  He completed basic combat training and was assigned to Fort Wolters, Texas as a Warrant Officer Candidate.

On 11 August 1968, the applicant was honorably discharged in pay grade
E-5.  He completed 1 year and 29 days of creditable active service.  He was awarded the Army Good Conduct Medal, the National Defense Service Medal and the Expert Rifle Badge (M-14).  On 12 August 1968, the applicant accepted an appointment in the Army Reserve as a Warrant Officer, on the same day he was ordered to active duty.

The applicant’s DA Form 66 (Officer Qualification Record) shows that he was assigned to the Republic of Vietnam (RVN) from September 1968 to August 1969, as a helicopter pilot.  It also showed that the applicant was hospitalized on two occasions while serving in the RVN.  The applicant’s military record does not show that he was recommended for the SS medal.

On 3 November 1970, the applicant was placed on the Permanent Disability Retired list.  He completed 2 years, 2 months and 22 days of creditable active service.  He was awarded the Distinguished Flying Cross Medal, the Purple Heart Medal w/1 oak leaf cluster, the Air Medal w/V Device, the Vietnam Service Medal, the Vietnam Campaign Medal w/Device (1960), and the National Defense Service Medal w/oak leaf cluster.

Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with a opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against and opposing armed force in which the United States is not a belligerent party.  The required gallantry, while or a lesser degree than that required for the Distinguished Service Cross, must nevertheless 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 also provides, in pertinent part, that the Distinguished Flying Cross is awarded to any person who, while serving in any capacity with the Army of the United States, distinguished himself or herself by heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The extraordinary achievement must have resulted in an accomplishment so exceptional and outstanding as to clearly set the individual apart from his or her comrades or from other persons in similar circumstances.  Awards will be made only to recognize single acts of heroism or extraordinary achievement and will not be made in recognition of sustained operational activities against an armed enemy.

Title 10, United States Code, section 1130, provides 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.  Request for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Commanders, leaders and fellow comrades, who has personal knowledge of the circumstances and events relative to the request, best provide corroborating evidence.  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.

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 this requirement.

2.  There is no evidence of record that shows the applicant’s commander recommended him for the award of the SS.

3.  The contentions of the applicant have been noted by the Board.  However, the articles submitted with the application or the evidence of record does not support his contentions.

4.  There is no scientific formula for determining when acts constitute the granting of heroism, personal hazard, and voluntary risks of life, which may entitle a person to the award of the SS.  There is no doubt that the applicant’s action was heroic.  Nor does the Board doubt that his actions saved lives and that he also put his life in serious jeopardy.  The applicant’s actions were commendable and in the finest tradition of a soldier, they simply did not constitute the magnitude of heroism in being awarded the SS.

5.  The applicant’s DD Form 214 does not show that he was awarded the Army Commendation Medal, the Sharpshooter Badge w/Rifle Bar (M-16), the Marksman Badge w/Pistol Bar (45 Caliber) and 4 bronze service stars with the Vietnam Service Medal.

6.  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.

NOTE:  The Army Review Board Agency, Support Division, will be directed to administratively correct the applicant's record to show that he was awarded the Army Commendation Medal, the Sharpshooter Badge W/Rifle Bar (M-16), the Marksman Badge w/Pistol Bar (45 Caliber) and add to the Vietnam Service Medal w/4 bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__aao___  __mmd___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037749	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.		
3.		
4.		
5.		
6.