MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  13 March 2001
	DOCKET NUMBER:  AR2000043090

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Donald P. Hupman		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 award of the Bronze Star Medal with “V” device be upgraded to an award of the Silver Star.

APPLICANT STATES:  That his commander submitted him for an award of the Silver Star based on the lost recommendation of his sergeant major in 1967.  He submits copies of the award recommendation and the action taken by the Army Decorations Board.

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

He enlisted and entered active duty on 26 July 1956.  He continued to serve through a series of reenlistments and effective 31 May 1981 was separated from active duty and transferred to the Retired Reserve in pay grade E-8.

His DA Form 2-1 (Personnel Qualification Record) shows that he served in Vietnam from 2 August 1967 through 16 October 1968 with the 5th Special Forces Group.

The applicant’s former commander submitted an award recommendation for the Silver Star, through a Member of Congress, for the applicant’s actions on 24 September 1967.  On 16 September 1999 the Army Decorations Board voted unanimously to approve an award of the Bronze Star Medal with “V” device, 
1st oak leaf cluster, for the applicant’s actions.

The Member of Congress forwarded a request for reconsideration of the Silver Star.  On 6 January 2000 the Army Decorations Board determined this request did not contain any significant new information and unanimously disapproved the request for an upgrade to the Silver Star.

The applicant is now requesting that this Board upgrade his previous award by the Army Decorations Board of the Bronze Star Medal with “V” device, 1st oak leaf cluster, to the Silver Star.

The award recommendation and letter of support provided by the applicant’s former commander discusses the applicant’s aggressive actions as a member of an ambush patrol.  The applicant saved the life of a fellow soldier and was solely responsible for defeating an enemy ambush and killing two enemy soldiers.  This same information was reviewed twice by the Army Decorations Board resulting in an approved award of the Bronze Star Medal with “V” device, 1st oak leaf cluster.

Army Regulation 600-8-22 provides that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must 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.

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 award of the Bronze Star Medal with “V” device, 1st oak leaf cluster has recognized the applicant’s valorous actions on 24 September 1967.  It was the considered opinion of the Army Decorations Board, based on all the available information, that this was the appropriate award for his service.

2.  Absent new material evidence the Board does not believe that there is any compelling reason to overturn the judgment of the Army Decorations Board and upgrade the applicant’s award to the Silver Star.

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 this 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

__jh___  ___jm___  ___dh____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043090	
SUFFIX		
RECON		
DATE BOARDED	20010313	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.