MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           10 May 2000                  
	DOCKET NUMBER:   AR1999029929

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson 		Member	
	Mr. Thomas B. Redfern III 		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 Silver Star.

APPLICANT STATES:  That he was wounded on 9 February 1968 in Vietnam; that his platoon leader, who was also wounded on the same date, told him that he [applicant] was being recommended for a Silver Star; that he was medically evacuated and never saw his platoon leader again, nor did he receive his Silver Star.

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

He was inducted into the Army of the United States for 2 years on 26 June 1967. Upon completion of all required military training, he was sent to Vietnam as an infantryman.

The applicant arrived in Vietnam on 24 November 1967 and was assigned to Company C, 1st Battalion, 14th Infantry, 4th Infantry Division.  On 9 February 1968, he was severely wounded when he was shot in the stomach.  He was medically evacuated to the 249th General Hospital in Japan and then to William Beaumont General Hospital, El Paso, Texas.  After recovering from his wound, he was transferred to Fort Carson, Colorado.

At Fort Carson, the applicant developed complications from his wound and was rehospitalized.  He underwent a medical evaluation board and a physical evaluation board (PEB) which found him unfit to perform his duties.  He was honorably discharged and placed on the Temporary Disability Retired List (TDRL) on 19 June 1969 with a disability rating of 50 percent.

On 12 June 1972, the applicant underwent a second PEB which recommended that he be removed from the TDRL and separated with disability severance pay for a 20 percent disability.  The recommendation was approved and the applicant was removed from the TDRL and separated with disability severance pay and a disability rating of 20 percent.

Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star 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 are required.

US Army Vietnam (USARV) Regulation 672-1, Decorations and Awards, then in effect, prescribed the policies, responsibilities, and criteria for awards.  It stated, in pertinent part, that recommendations for awards would be completed utilizing USARV Form 157-R and processed through command channels to the General Officer having approving authority.
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 applicant was a young man who was inducted into the Army of the United States during the Vietnam War.  Trained as an infantryman, he was sent to Vietnam, served in a combat infantry unit, and was severely wounded.

2.  According to the applicant, his platoon leader, a lieutenant, who was also wounded at the same time, verbally told him that he was being recommended for a Silver Star for his valorous actions on the day of his wounding.

3.  Unfortunately, there is no record of the lieutenant ever having followed through on his alleged statement that he was recommending the applicant for the Silver Star.  Recommendations for awards were required to be submitted on USARV Form 157-R through command channels to the general officer approving authority.  Verbal recommendations were not acceptable.

4.  The applicant obviously was a good soldier who placed himself in harm’s way while serving with a combat infantry unit in Vietnam.  He was severely wounded while performing his duty and is a recipient of the Purple Heart; however, there is no information in his record, nor has he provided any that would permit awarding him the Silver Star.

5.  In view of the foregoing, there is, unfortunately, 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

__mkp___  __gdp___  __aao___  DENY APPLICATION

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

INDEX

CASE ID	AR1999029929	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0007	
2.		
3.		
4.		
5.		
6.