MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            23 January 2001
	DOCKET NUMBER:   AR2000041268

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy, 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 Bronze Star Medal (BSM) with “V” device be upgraded to a Silver Star (SS).

APPLICANT STATES:  That on 1 March 1967, the Viet Cong attacked his unit in battalion strength.  The tank next to him was hit and burst into flames.  He ran through heavy small arms fire to pull the crew from the tank.  The following day, the Division Commander awarded him the BSM with “V” device and awarded his First Sergeant and Company Commander the SS.  When he asked why he was not awarded the SS when he was the one who rescued the men, he was told that the Division Commander had only two SSs and he was outranked.

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

After having had prior service, he reenlisted in the Regular Army on                      18 December 1958.  

On 21 August 1966, the applicant arrived in Vietnam where he performed duties as a tank commander.  General Orders 1624, Headquarters, 25th Infantry Division dated 4 May 1967 awarded him the BSM with V device for heroism during action on 1 March 1967.

In the processing of this case, an advisory opinion was obtained from the U. S. Total Army Personnel Command (PERSCOM), Awards Branch.  PERSCOM found that the applicant’s first sergeant had been awarded the Silver Star.  PERSCOM found that the first sergeant’s actions as noted in his Silver Star citation clearly established that he met the criteria for gallantry in action and that his actions were of a greater degree of herosim than the applicant’s actions as noted in his Bronze Star Medal with “V” Device citation.  PERSCOM could not find orders awarding the applicant’s commander the Silver Star or any other decoration for this action.  PERSCOM also found that eight other of the applicant’s fellow comrades were all approved for award of the Bronze Star Medal with “V” Device.  The citations for three of those comrades were provided. They cite heroic actions comparable to those shown on the applicant’s citation.

The advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

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 the absence of extraordinary circumstances, the Board is reluctant at this late date to substitute its judgment for that of the commander having award approval authority, who was closer to the scene, on the question of which decoration to award.
2.  PERSCOM has provided evidence to show that the applicant’s first sergeant did in fact receive the Silver Star for the same combat action; however, no evidence could be found that showed that his company commander received any award for that combat action.  In addition, eight other of the applicant’s fellow comrades were all approved for award of the Bronze Star Medal with “V” Device for that combat action.  The citations for three of those comrades were provided which cite heroic actions comparable to those shown on the applicant’s citation.

3.  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

__lls___  __wtm___  __teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000041268	
SUFFIX		
RECON		
DATE BOARDED	20010123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.		
3.		
4.		
5.		
6.