MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 February 2001                  
	DOCKET NUMBER:   AR2000048083

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Melvin H. Meyer 		Member	
	Mr. Roger W. Able 		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 he be awarded the Bronze Star Medal for meritorious service during Operation Desert Shield and Desert Storm instead of an Army Commendation Medal.  He also requests award of the Purple Heart.  

APPLICANT STATES:  The applicant submitted two applications.  In his application for award of the Bronze Star Medal, he states that the Army Commendation Medal is not an appropriate war-time award.  The Army Commendation Medal which he received was awarded for meritorious service during Operation Desert Shield and Desert Storm.  These were combat operations in which his unit was exposed to hostile fire.  An Army Commendation Medal is a peace time award and is therefore inappropriate.

In his application for award of the Purple Heart, he states that he was treated for cuts and abrasions received as a result of a SCUD missile attack.  Very soon afterward he developed Hepatitis C as a result of other soldiers bodily fluids coming into contact with the injuries on his hands.  No request for recognition was ever submitted by his commander nor has the Army recognized him. 

In support of his applications, he submits an award certificate and orders for the Army Commendation Medal and a VA Decision Rating dated 23 September 1999.  

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

The applicant enlisted in the Regular Army on 13 February 1986 for a period of
3 years.  He reenlisted on 15 September 1988 for a period of 3 years.  The applicant served as an unit supply specialist in Southwest Asia from 1 December 1990 to 22 April 1991 and was honorably released on 14 September 1991 and transferred to the USAR.  He reenlisted in the USAR on 16 November 1993 for a period of 6 years. The applicant was ordered to active duty for training on 27 May 1998 and was honorably released from active duty on 25 June 1998 to accept commission or warrant in the Army. 

The applicant’s DD Forms 214 (Certificate of Release or Discharge from Active Duty) with effective dates of 14 September 1991 and 25 June 1998, which were authenticated in his own hand, do not show the Bronze Star Medal or the Purple Heart as authorized awards.    

An award certificate, dated 4 April 1991, shows the applicant was awarded the Army Commendation Medal for meritorious service for the period 7 August 1990 to 1 April 1991.  The award certificate states “For distinguishing himself by meritorious service during Operation Desert Shield and Desert Storm.  [The applicant’s] dedication to duty, professionalism, and outstanding performance during the pre-combat and combat support phases are commensurate with the highest traditions of his unit and the United States Army”.  
There is no evidence in the available records which shows the applicant was recommended for or awarded the Bronze Star Medal at the time in question.

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.

The applicant provided a copy of a VA Rating Decision, dated 23 September 1999, which shows that service connection for Hepatitis C is granted with an evaluation of 30 percent effective 26 June 1998.  This decision also states that the applicant’s service medical records show that he was positive for the Hepatitis B antibody in June 1989.  There is no evidence that this medical condition was the result of hostile action. 

Army Regulation 600-8-22 (Military Awards) provides in paragraph 3-1c that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

U.S. Total Army Personnel Command Message 171226Z January 1991 delegated wartime award approval authority to commanders in Southwest Asia effective upon the commencement of hostilities on 17 January 1991.  U.S. Total Army Personnel Command Message 041813Z September 1991 terminated this wartime award approval authority effective 7 October 1991.

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.

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.  Evidence of record shows that the applicant was awarded the Army Commendation Medal for meritorious service for the period 7 August 1990 to
1 April 1991 which included service in Southwest Asia during Operation Desert Shield and Desert Storm.  This award of the Army Commendation Medal was approved by the appropriate award approval authority at the time in question and properly announced in orders.  

2.  The Board noted the applicant’s request that he be awarded the Bronze Star Medal for meritorious service during Operation Desert Shield and Desert Storm instead of the Army Commendation Medal.  However, there is no evidence of record, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal by his chain of command specifically for his service in Southwest Asia from 1 December 1990 through
22 April 1991.    

3.  The Board also noted that the award of the Army Commendation Medal covered the period 7 August 1990 to 1 April 1991 which included four months of pre-combat service and four months of combat support phases in Southwest Asia.  There is no authority or regulation to award the Bronze Star Medal for service during peacetime.  Therefore, there is no regulatory basis in this case to upgrade the Army Commendation Medal to the Bronze Star Medal.

4.  The applicant has not presented any evidence that the decision by the proper award approval authority to award an Army Commendation Medal for service from 7 August 1990 to 1 April 1991 was flawed or otherwise unjust, improper or inequitable.  The applicant has not presented evidence that a recommendation for award of the Bronze Star Medal was submitted through the chain of command for approval.  Therefore, there is no basis for award of the Bronze Star Medal in this case.   

5.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action.  Therefore, the applicant is not entitled to award of the Purple Heart. 

6.  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.

7.  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

JNS____  MHM____  RWA____  DENY APPLICATION

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

INDEX

CASE ID	AR2000048083	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19980625	
DISCHARGE AUTHORITY	AR 635-200 Para 16-1a(1)	
DISCHARGE REASON	Accept commission or warrant in the Army	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0025	
3.		
4.		
5.		
6.