MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             30 March 2000
	DOCKET NUMBER:    AR1999030853

	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.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, 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:  In effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Silver Star.

APPLICANT STATES:  In effect, that no records were kept at that time due to the fact that most of the time his platoon was participating in field duty fighting.  In support of his application he submits a copy of a newspaper clipping.

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

He was inducted on 7 December 1965 as a indirect fire crewman.  He served in Vietnam from 18 November 1966 to 17 November 1967 and was honorably discharged on 15 November 1967.

His discharge document does not show the Silver Star as an authorized award.

There is no evidence in the available records, which shows that he was recommended for or awarded the Silver Star.  His records do not show that he was recognized for gallantry in action against an armed enemy, which would have resulted in the award of the Silver Star.

The applicant provided a copy of a newspaper clipping, which shows elements of the unit to which he was assigned in Vietnam protecting a landing zone during combat operations.  This newspaper article does not show the applicant nor does it mention him by name.

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.

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 noted the newspaper article provided by the applicant.  However, the newspaper article does not show that the applicant was awarded the Silver Star or that he was involved in the particular combat operations described in the newspaper article.

2.  There is no evidence or record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Silver Star; therefore, he is not entitled to this award.

3.  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 the aforementioned requirement.

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:

BJE_____  HOF____  EWL____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

	Karl F. Schneider
       Director, Army Review Board Agency

INDEX

CASE ID	AR1999030853	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000330	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19671117	
DISCHARGE AUTHORITY	AR .635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  53		
2.  		
3.		
4.		
5.		
6.