MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 September 2002
         DOCKET NUMBER: AR2002075133

         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. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Elzey J. Arledge, Jr.		Chairperson
Mr. Thomas B. Redfern, III		Member
Ms. Karen A. Heinz		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)

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APPLICANT REQUESTS: That his Report of Transfer or Discharge, DD Form 214/Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 215, be amended to add the Bronze Star Medal (BSM), the Purple Heart, the Army Good Conduct Medal, and the Army Achievement Medal (AAM).

APPLICANT STATES: In effect, that his DD Form 214 for the period ending 13 March 1970 recognized he was awarded the BSM; however, the DD Form 215 dated 5 January 2001 did not list it. He was never awarded the Army Good Conduct Medal. He was never awarded the Purple Heart although he was injured in combat. In addition, he was awarded the AAM and that should be added to his DD Form 214. He provides a copy of his Bronze Star Medal orders and certificate, his DD Form 214 for the period ending 13 March 1970 and related DD From 215, his AAM orders, and his Report of Separation and Record of Service, NGB Form 22, as supporting evidence.

EVIDENCE OF RECORD: The applicant's military records (minus his Enlisted Qualification Record, DA Form 20, which is not available) show:

He enlisted in the Regular Army on 3 April 1967. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

The applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) on 18 December 1967 for failing to return to his appointed place of duty and for leaving his weapon and equipment unguarded. He accepted NJP under Article 15, UCMJ on 16 July 1969 for absenting himself from his unit. He accepted NJP under Article 15, UCMJ on 6 November 1969 for failing to go to his appointed place of duty.

The applicant was released from active duty on 13 March 1970 after completing 2 years, 11 months, and 9 days of creditable active service with 2 days of lost time. His DD Form 214 for the period ending 13 March 1970 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the BSM, and 2 overseas bars. (This DD Form 214 was corrected on 5 January 2001 to delete the Vietnam Service Medal and the Vietnam Campaign Medal and to add the Vietnam Service Medal with five bronze service stars, the Republic of Vietnam Campaign Ribbon with device 1960 (the correct designation of the Vietnam Campaign Medal), the Combat Infantryman Badge, and two unit awards.)

After a short break in service, the applicant reenlisted in the Regular Army on 24 April 1970. On 7 September 1972, he accepted NJP under Article 15, UCMJ for being involved in a traffic accident while operating a vehicle while under the influence of alcohol. He was discharged on 25 April 1973 upon the completion of his expiration term of service.
The applicant enlisted in the U. S. Army Reserve on 19 March 1980. Permanent Orders 2-3, Headquarters, 302d Engineer Battalion (Service) dated 6 November 1983 awarded him the AAM for the period 3 - 21 August 1983. He was discharged from the U. S. Army Reserve on 11 January 1984 and enlisted in the Army National Guard on 12 January 1984. He was discharged from the Army National Guard on 5 February 1986 for continuous and willful absence. (His NGB Form 22 does not reflect all his awards as shown on his DD Form 215.)

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

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. 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 this requirement.

2. The intent of the DD Form 215 is only to correct errors or omissions on the related DD Form 214. Since his DD Form 214 for the period ending 13 March 1970 already correctly reflected the applicant's award of the Bronze Star Medal, there is no requirement or authority to reflect it on the DD Form 215.
3. There is no evidence of record and the applicant provides none to show he was wounded in action. Therefore, there is no evidence to show he met the eligibility criteria for award of the Purple Heart.

4. The applicant's DA Form 20 from his Regular Army service is not available so it cannot be determined what his conduct and efficiency ratings were. Nevertheless, the evidence of record shows that he received three Article 15s during his first enlistment and one Article 15 (for driving while under the influence of alcohol) during his second enlistment. There was no right or entitlement to the Army Good Conduct Medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders. In the absence of evidence showing his immediate commanders at the time made such a positive recommendation, it does not appear that the applicant's record of service met the eligibility criteria for award of the Army Good Conduct Medal for either enlistment.

5. It is acknowledged that the applicant was awarded the AAM; however, it was awarded in 1983, outside of the periods covered by either of his DD Forms 214.

6. It is noted that the applicant's NGB Form 22 does not reflect all his awards and decorations. If he desires to have all his awards and decorations listed on his NGB Form 22, he is advised to contact the Guam Army National Guard which may be able to correct it without recourse to this Board.

7. 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

__EJA__ __TBR___ ___KAH__ DENY APPLICATION

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

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INDEX

CASE ID	AR2002075133
SUFFIX
RECON
DATE BOARDED	2002/09/17
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0056
3.	110.04
4.
5.
6.