| Mr. Loren G. Harrell | Director | |
| Mr. Hubert S. Shaw, Jr. | Analyst |
| Ms. Erin J. Olmes | Chairperson | |
| Ms. Irene N. Wheelwright | Member | |
| Mr. Christopher J. Prosser | Member |
APPLICANT REQUESTS: Award of the Silver Star.
APPLICANT STATES: That, while on a mission with his squad in Vietnam in 1970, they discovered an underground hospital, captured an enemy soldier, and captured a lot of documents that were very important. He states that the entire squad was awarded the Silver Star for that mission. The applicant contends that the other four members of the squad received the Silver Star, but he did not.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant served initially as a light weapons infantryman from 27 June 1969 until he was honorably discharged on 20 January 1972. He later served as a unit supply specialist and physical activities specialist from 15 February 1978 until he was honorably discharged on 10 February 1982.
The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective dated of 20 January 1972 covers the period of his service in Vietnam from 8 January 1970 to 7 January 1971. This discharge document is signed in the applicant’s own hand and does not show the Silver Star as an authorized award.
There is no evidence of record in the applicant’s files which shows that he was recommended for or awarded the Silver Star. There also is no evidence of record which shows that any other member of the applicant’s squad was awarded the Silver Star.
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. There is no evidence, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Silver Star.
2. The Board notes the applicant’s contention that he was the only member of the squad who did not receive the Silver Star. However, this contention is not a basis for award of the Silver Star. The Board considers each case individually and on its own merit, and as a result, awards received by others are not a basis for the Board to grant an award, particularly an award for gallantry in action such as the Silver Star.
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:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
EJO____ INW_____ CJP_____ DENY APPLICATION
Loren G. Harrell
Director
| CASE ID | AR1998013639 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 19990909 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19720120 |
| DISCHARGE AUTHORITY | AR 635-200 |
| DISCHARGE REASON | ETS |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | MR HARRELL |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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