MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 May 2000
	DOCKET NUMBER:   AR1999034397

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Christopher J. Prosser		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 records be corrected to show the award of the Air Medal.  He further requests that his Silver Star be upgraded to the Congressional Medal of Honor.

APPLICANT STATES:  That consideration was not given for his actions while he was assigned to the Republic of Vietnam (RVN).  He also states that his actions saved a ten man squad from annihilation by an enemy machine gun.  In support of his appeal he submits a ten page statement dated 17 November 1999, explaining the events that he contends took place while he was in the RVN.

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

On 6 June 1966, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.  On 4 September 1968, he was transferred to the RVN.

On 22 November 1968, while in Vietnam, the applicant was wounded in combat as a result of hostile action by the enemy.  He received metal fragments from a grenade to both of his legs, the left side of his chest and to the left side of his back.  On 30 November 1968, he was awarded the Purple Heart for the wounds that he received while he was in the RVN.

On 8 December 1968, he returned the Continental United States and he was placed in a medical holding detachment until he was honorably discharged on 28 February 1969.  He had completed 2 years, 8 months and 26 days of total active service.

His Report of Transfer or Discharge (DD Form 214) shows that he was awarded the Purple Heart, the National Defense Service Medal, the Republic of Vietnam Campaign Medal w/Device 60, the Vietnam Service Medal, the Combat Infantryman Badge, the Expert Marksmanship Badge with Rifle M-14, Pistol 45 and Machine Gun M-60 bars.

On 2 April 1971, the applicant submitted a request to the Army Reserve Personnel Center (ARPERCEN) requesting that the award of the Silver Star be included on his DD Form 214.  The ARPERCEN responded by stating that there was no record of his ever being awarded the Silver Star.  The ARPERCEN requested that the applicant provide a copy of the orders awarding him the Silver Star so that a tracer action could be initiated.  A review of the records fails to show that the applicant ever responded to the ARPERCEN’s request for a copy of the orders awarding him the Silver Star.

Further review of the records fails to show that the applicant is entitled to the award of the Air Medal.

Army Regulation 600-8-22 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.

The same regulation also provides, in pertinent part, the Air Medal is awarded to any person who, while serving in any capacity in or with the Army, distinguished himself or herself by meritorious achievement while participating in aerial flight.

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 actions by the Army in this case were proper and there is no doubt to be resolved in favor of the applicant.

2.  The applicant’s contentions have been noted by the Board.  However, they are not substantiated by the evidence of record.  A review of the records fails to show that orders were ever published awarding him a Silver Star for his action while he was in the RVN.  Accordingly, there is no basis to approve his request for the Medal of Honor.

3.  The evidence of record clearly shows that he was wounded while he was in the RVN as a result of hostile action by the enemy on 22 November 1968 and he was appropriately awarded the Purple Heart.

4.  Additionally, there is no evidence that the applicant ever distinguished himself by meritorious achievement while participating in aerial flight.  Therefore, he is not entitled to the Air Medal.

5.  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.

6.  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

___cjp __  __ja____  ___rvo___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999034397	
SUFFIX		
RECON		
DATE BOARDED	2000/05/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  53	107.0007	
3.		
4.		
5.		
6.