MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 January 2001                   
	DOCKET NUMBER:   AR2000050324

	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. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O’Shaughnessy, Jr.		Member	
	Ms. Brenda F. Hirschi		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 Purple Heart, the Bronze Star Medal, and that his rank of E-4 be restored.

APPLICANT STATES:  That he should not have received a summary court-martial.  He provides no supporting evidence.

COUNSEL CONTENDS:  Counsel makes no additional contention.

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

He enlisted in the Army National Guard on 19 November 1980.  His Personnel Qualification Record, DA Form 2-1, shows that he was promoted to Specialist,  E-4 on 2 February 1984.

The applicant’s unit, the 274th Military Police Company, was ordered to active duty in support of Operation Desert Shield/Storm on 3 January 1991.  He served in Saudi Arabia from 14 February – 28 May 1991 as a combat signaler. 

The applicant’s medical records show he was treated on 3 April 1991 for lower back pain, duration of a couple of months.  He was treated on 10 May 1991 for lower back pain that could not be attributed to single incident.  On 12 May 1991, he was treated for thumb pain.  He stated that he did not know how he jammed it. On 13 May 1991, he was evaluated for lower back pain which started in February 1991 after he rode in a military vehicle.

Defense Finance and Accounting Service records show that the applicant was reduced to Private First Class (PFC), E-3 on 24 April 1991.

On 19 June 1991, the applicant was released from active duty.  His Certificate of Release or Discharge from Active Duty, DD Form 214, shows his rank as PFC, E-3 but erroneously shows his date of rank as 2 February 1984.

On 13 December 1991, the applicant was notified that his commander intended to reduce him in grade because of inefficiency, specifically, because he had acquired more than nine absent without leave (AWOL) periods in a three-month period.

On 2 January 1992, the applicant was reduced from PFC, E-3 to Private, E-2.

On 7 February 1992, the applicant was discharged from the Army National Guard with a general discharge under honorable conditions in the rank and grade of Private, E-2 and transferred to the U. S. Army Reserve Control Group (Individual Ready Reserve).  

There is no record of a summary court-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice filed in the applicant’s records.

There is no evidence of record to show that the applicant was awarded or recommended for award of the Purple Heart or the Bronze Star Medal.

Army Regulation 600-8-22 provides policy and criteria concerning individual military decorations.  In pertinent part, it states that the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.
It states, 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.  

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.  Although there is no evidence of record to show that the applicant received a summary court-martial, the applicant contends that he did.  The Board presumes that a court-martial may account for the applicant’s reduction from E-4 to E-3 and, in the absence of evidence to the contrary, the Board further presumes that the conviction by summary court-martial was effected in accordance with applicable law and regulations and the reduction was proper.

3.  There is no evidence of record to show that the applicant was wounded as a result of enemy action; therefore, he is not entitled to award of the Purple Heart.

4.  There is no evidence of record to show that the applicant was recommended for award of the Bronze Star Medal; therefore, it is not appropriate to show he was awarded that decoration.

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

__aao___  __teo___  __bfh___  DENY APPLICATION

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

INDEX

CASE ID	AR2000050324	
SUFFIX		
RECON		
DATE BOARDED	20010130	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0015	
3.	133.00	
4.		
5.		
6.