MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 August 2001
	DOCKET NUMBER:   AR2001057468

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, 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 the Record of Proceedings Under Article 15, Uniformed Code of Military Justice (UCMJ) that reduced him from the pay grade of E-5 to the pay grade of E-4 be removed from his record.  He also requests that his records be corrected to show that he was awarded the Silver Star and a second Purple Heart.

APPLICANT STATES:  That he was given the Article 15 for insubordination after he got into an argument with another soldier.  He states that at the time that he got into the argument he was under the care of a psychiatrist and had been diagnosed with post traumatic stress disorder (PTSD) and bipolar disorder.  He goes on to state that he was told that his rank would be restored before he was discharged.  He states that he probably would have been promoted to the pay grade of E-6 had he not been reduced because he was in an E-6 slot and it was his last year in the Army.  He further states that he received two Purple Hearts for two separate injuries; however, his certificates show the same day.  He concludes by stating that he was told that he was being put in for a Silver Star and that he never heard anything else about it.

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

On 11 July 1966, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a medical specialist.  He was promoted to the pay grade of E-2 on 11 November 1966.

On 14 June 1967, the applicant was transferred to Vietnam.  Orders were published on 10 December 1967, awarding him the Purple Heart for wounds he received to his head as a result of hostile action by enemy forces.  However, a review of the records fails to show that the applicant was ever wounded a second time and awarded another Purple Heart.

He was promoted to pay grades E-3 on 22 July 1967, E-4 on 1 January 1968 and E-5 on 1 June 1968.

Nonjudicial punishment (NJP) was imposed against the applicant on eight different occasions between 12 December 1966 and 2 April 1969 for being absent without leave; failure to be at his appointed place of duty (twice); being found sleeping on guard duty; failure to report for duty; being derelict in the performance of his duties; failure to obey a lawful order; and for failure to report for scheduled company quarters.

He returned to the Continental United States on 5 July 1968.

A review of the records fails to show that the applicant ever received an Article 15 for getting into an argument with another soldier.  However, the record does show that on 12 February 1969, he received an Article 15 for being derelict in the performance of his duties and for failure to obey a lawful order issued by a senior noncommissioned officer.  His punishment consisted of a reduction from the pay grade of E-5 to the pay grade of E-4.

Further review of the records fails to show that the applicant was diagnosed with PTSD and bipolar disorder while he was in the Army.

He was honorably released from active duty in the pay grade of E-4 on 17 July 1969 and was transferred to the United States Army Reserve to complete his service obligation.

The DD Form 214 that he was furnished at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Purple Heart, the Combat Medic Badge and one Overseas Service Bar.

United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart (PH).  It stated that soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment.  For wounded soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders.

A review of the available record fails to reveal a recommendation for award of the Silver Star or any similar awards for valor or heroism.  However, current policy requires individuals to exhaust all administrative remedies before the Board considers an application.  Current policy regarding awards of the Silver Star require applicants to apply for consideration by the Army Decorations Board to the Commander, Personnel Command (PERSCOM), ATTN:  TAPC-PDA, 
200 Stovall Street, Alexandria, Virginia  22332-0471.

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 NJP was imposed in compliance with applicable laws, regulations and policies.  The punishment imposed was not disproportionate to the offenses, and there is no evidence of any substantive violation of any of the applicant's rights.

2.  The Board has noted the applicant’s contentions.  However, they are unsubstantiated by the evidence of record.  There is no evidence of record nor has the applicant submitted any evidence to show that he was wounded twice while he was in Vietnam and received a second Purple Heart.

3.  Additionally, there is no evidence in the available records to support the applicant’s contention that he was being treated by a psychiatrist for PTSD and Bipolar Disorder while he was in the Army or that any mental disorder was the cause of his being reduced to the pay grade of E-4 on 12 February 1969.

4.  Inasmuch as the applicant has not exhausted his administrative remedies by applying to the PERSCOM for award of the Silver Star and since he has submitted no evidence to support his contentions, there is no basis for the Board to consider that portion of his request.

5.  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.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rtd  ___  ___js____  ___dh___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057468	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/28	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000.0000	
2.  61	107.0015.0000	
3.  53	107.0007.0000	
4.  277	126.0000.0000	
5.  281	126.0400.0000	
6.