MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            4 December 2001
	DOCKET NUMBER:   AR2001060726

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to include his award of the Silver Star (SS).  He also requests that the middle initial “A” on his SS certificate be changed to the letter “W.”

APPLICANT STATES:  That he was discharged on 24 December 1969 and that subsequent to his discharge, he was awarded the SS on 24 March 1970.  

In support of his application, the applicant submitted a copy of a citation awarding him the SS for gallantry in action on 29 August 1969 in the Republic of Vietnam.  He also provided a copy of his DD Form 214.

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

On 31 July 1964, he was commissioned a second lieutenant in the United States Army Reserve (USAR) from the Senior Reserve Officers Training Corps.  On 28 November 1964, he was ordered to active duty.  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 1542 (Infantry Unit Commander) and was assigned to Fort Jackson, South Carolina.

On 14 July 1966, the applicant was assigned to the Republic of Vietnam where he served from 8 August 1966 to 5 August 1667.  He was reassigned to Vietnam for a second tour from 7 December 1968 to 6 December 1969.

On 24 December 1969, the applicant was relieved from active duty with an honorable discharge and transferred to the USAR after completing 5 years and 27 days of creditable military service.  His DD Form 214 reflects the following awards:  the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Air Medal, Purple Heart, Vietnam Campaign Medal, Bronze Star Medal w/”V” Device and 3rd Oak Leaf Cluster, Vietnam Gallantry Cross w/Silver Star and Palm, and four Overseas Service Bars.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Silver Star (SS) 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 is required.

A search of orders for award of the SS during 1969 and 1970 did not reveal any orders for the applicant using either the middle initial "A" or "W."

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.  Notwithstanding the fact that the applicant provided a copy of a SS citation indicating he was awarded the decoration, without corroborating orders to support the award, the Board cannot add the SS Medal to his DD Form 214.

3.  Since the award cannot be added to the applicant's DD Form 214, there is no reason to change the middle initial of the recipient from "A" to "W."

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

_jhl_____  __mkp___  __ena___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060726	
SUFFIX		
RECON		
DATE BOARDED	20011212	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19691224	
DISCHARGE AUTHORITY	AR 635-100	
DISCHARGE REASON	2X’s failure of selection for promotion	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	107.0007	
2.		
3.		
4.		
5.		
6.