MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 May 2000                  
	DOCKET NUMBER:    AR1999031105

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern		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:  Award of the Silver Star.

APPLICANT STATES:  That he should have received the Silver Star but due to human error regarding proper paperwork and follow through, the Army never found any such recommendation in the record.  He contends that the record is unjust because he rightfully deserves the medal.  The lieutenant in charge said he was going to put him in for the medal but failed to submit any paperwork recommending the Silver Star.

In support of his request, the applicant has submitted a personal statement describing the event that occurred in May 1969 in Vietnam for which he believes he should receive the Silver Star.

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

He was inducted on 21 August 1968, received training as a light weapons infantryman , served one year in Vietnam with the 9th Infantry Division as an infantryman and was honorably released to the USAR at the expiration of his term of service on 20 August 1970 as a specialist four.

Awards listed on his DD Form 214, Report of Transfer of Discharge, include the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal (ARCOM) with1st Oak Leaf Cluster, the Vietnam Cross of Gallantry with Palm, the Vietnam Civic Action Honor Medal, the Expert Badge with M-14 Rifle Bar and the Sharpshooter Badge with M-16 Rifle Bar.  The record contains evidence showing that he was also awarded the Combat Infantryman Badge (CIB), the Air Medal and the 2nd Oak Leaf Cluster to the ARCOM but these awards are not reflected on the                DD Form 214.

The applicant’s statement declares that on 5 May 1969 his platoon was involved in a firefight with the Viet Cong in which he personally killed one enemy soldier.  Following the encounter, he says that his platoon leader told him that he was being put in for a Silver Star, but he was transferred before any paper work was submitted.

The record contains no evidence showing that a recommendation for the Silver Star was processed on his behalf.

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized.  The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.

As a matter of policy, there is no automatic entitlement on the part of any soldier to any Army decoration.  The decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having awards approval authority.

The same regulation provides that the Silver Star is awarded to a person, who while serving in any capacity with the US Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.

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’s record contains no evidence to show that he was recommended for a Silver Star or that such a recommendation was prepared but inadvertently not acted upon.  It is possible that, as the applicant suggests, a recommendation was never submitted.  On the other hand, it is also possible that a recommendation was made but rejected by the commander with Silver Star approval authority.

2.  Nonetheless, in the absent of evidence that an award recommendation was submitted and lost or downgraded, this Board has no basis to approve an award of the Silver Star.  The Board notes that while the applicant’s conduct as portrayed in his statement was noteworthy his actions do not appear to describe an act of gallantry warranting recognition with the Silver Star.

3.  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.

Note:  Since the applicant’s record contains evidence of other awards to which he is entitled but which are not listed on his DD Form 214, the ARBA, Support Division, St. Louis will be requested to issue a DD Form 215, Correction of       

DD Form 214, showing that the applicant was also awarded the CIB, the ARCOM, 2nd Oak Leaf Cluster and the Air Medal.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __gdp   _  ___tbr___  DENY APPLICATION

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

INDEX

CASE ID	AR1999031105	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000510	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.