MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             22 July 2003                  
	DOCKET NUMBER:    AR2003084703

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Thomas D. Howard		Member	
	Mr. Thomas Lanyi		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:  In effect, that his military records be corrected to show award of the Distinguished Service Star and promoted to the rank of 
First Sergeant (1SG). 

APPLICANT STATES:  In effect, that during the month of November 2002, he watched the TV show 20/20 with President Bush, former President Clinton, and Barbara Walters.  This TV special revealed his picture with a citation on the wall at the National Archives or the National Cemetery.  He further states that the medal itself is on the Vietnam Wall.  He states that he wants all of this to stay in place, but would like his separation document corrected to reflect that he in fact received the Distinguished Service Star.  He claims these facts were reported on local and national news when former President Clinton confirmed that this medal was on the wall.  

The applicant also states that it was heavily rumored that he was promoted to 1SG, and if this was true, he would like his military records corrected to reflect this grade.  He concludes that if this information that was heavily publicized on 20/20 and in local and national news stories is not correct, he would like an explanation how the information could be erroneously reported.  In support of his application, he submits a copy of his separation document (DD Form 214) and a correction to his DD Form 214 (DD Form 215) dated 12 August 1975. 

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

That he entered into the Army on 5 August 1968 for a period of 2 years.  It also shows that he completed training and was awarded military occupational specialty (MOS) 36K (Field Wireman).  

Item 33 (Appointments and Reductions) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that the highest rank and pay grade he attained while serving on active duty was specialist four/E-4 (SP4/E-4).  His Military Personnel Records Jacket (MPRJ) contains no orders or other documents that give any indication that he was ever recommended for or promoted to a higher grade by the proper authority while serving on active duty.  

Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that he earned the following awards during his tenure on active duty:  National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Bronze Star Medal (BSM); Republic of Vietnam Campaign Medal (RVNCM); and the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation.  His MPRJ also is void of any orders, documents, or recommendations for any additional individual awards or decorations.  

The DD Form 214 issued to and signed by the applicant on the date of his separation confirms that on 4 April 1970, he was honorably released from active duty (REFRAD) in the rank and pay grade of specialist/ E-4 (SPC/E-4) after completing a total of 1 year, and 8 months of creditable active military service.  It also shows during his active duty tenure he was awarded the BSM, NDSM, VSM, RVNCM 60 Device, and RVNGC with Palm Unit Citation.  

In the processing of this case, a member of the Board staff conducted a search of the unit historical files of the applicant’s unit (Headquarters & Headquarters Company, 4th Artillery Battalion, 1st Brigade, 5th Infantry Division) that are maintained at the National Archives, College Park, Maryland.  Given there is no such award as the Distinguished Service Star, an attempt was made to contact the applicant telephone number listed in his application; however, the number had been disconnected.  Given the applicant could not be contacted, the historical files review was conducted to determine if there was any evidence to show he was ever recommended for or awarded either the Distinguished Service Cross (DSC) or Distinguished Flying Cross (DFC).  This search failed to produce any evidence to indicate that the applicant was ever awarded either the DSC or DFC, or any other award not already included in his record.  

Army Regulation 600-8-22 (Military Awards) sets forth the Army criteria, policy and instructions concerning individual military awards, to include Defense and Foreign awards.  This regulation contains no reference to a Distinguish Service Star.  

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 Board notes the applicant’s request that his military records be corrected to show award of the Distinguished Service Star and that he was promoted to the rank of 1SG.  However, it finds no evidence to support either of these claims.  

2.  The Board notes that the Distinguished Service Star requested by the applicant is not among those Army, Defense Department, or Foreign awards authorized in the governing regulation.  Further, there is no evidence of record to show the applicant was ever recommended for or awarded either the DSC or DFC.  Thus, the Board concludes there is no basis for granting this requested relief.  

3.  The evidence of record also confirms that the highest grade the applicant held while serving on active duty was SP4, and there is no indication that he was ever recommended for or promoted to a higher grade by proper authority during his active duty tenure.  Thus, the Board finds no evidentiary basis for correcting the applicant’s record to show he was promoted to 1SG.  
4.  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.

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

_TDH__  __JS__  __TL__  DENY APPLICATION

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

INDEX

CASE ID	AR2003084703	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 46 	107.0000	
2. 310	131.0000	
3.		
4.		
5.		
6.