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							                        MEMORANDUM OF CONSIDERATION


       IN THE CASE OF:



       BOARD DATE:               30 January 2001
       DOCKET NUMBER:          AR2000050324

       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
       Mrs. Nancy Amos                                      Analyst


  The following members, a quorum, were present:

       Mr. Arthur A. Omartian                               Chairperson
       Mr. Thomas E. O’Shaughnessy, Jr.                     Member
       Ms. Brenda F. Hirschi                                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)
ABCMR                                   Memorandum                                       of
AR2000050324
Consideration (cont)

APPLICANT REQUESTS: That he be awarded the Purple Heart, the Bronze Star
Medal, and that his rank of E-4 be restored.

APPLICANT STATES: That he should not have received a summary court-martial.
He provides no supporting evidence.

COUNSEL CONTENDS: Counsel makes no additional contention.

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

He enlisted in the Army National Guard on 19 November 1980. His Personnel
Qualification Record, DA Form 2-1, shows that he was promoted to Specialist, E-4 on
2 February 1984.

The applicant’s unit, the 274th Military Police Company, was ordered to active duty in
support of Operation Desert Shield/Storm on 3 January 1991. He served in Saudi
Arabia from 14 February – 28 May 1991 as a combat signaler.

The applicant’s medical records show he was treated on 3 April 1991 for lower back
pain, duration of a couple of months. He was treated on 10 May 1991 for lower back
pain that could not be attributed to single incident. On 12 May 1991, he was treated for
thumb pain. He stated that he did not know how he jammed it. On 13 May 1991, he
was evaluated for lower back pain which started in February 1991 after he rode in a
military vehicle.

Defense Finance and Accounting Service records show that the applicant was reduced
to Private First Class (PFC), E-3 on 24 April 1991.

On 19 June 1991, the applicant was released from active duty. His Certificate of
Release or Discharge from Active Duty, DD Form 214, shows his rank as PFC, E-3 but
erroneously shows his date of rank as 2 February 1984.

On 13 December 1991, the applicant was notified that his commander intended to
reduce him in grade because of inefficiency, specifically, because he had acquired more
than nine absent without leave (AWOL) periods in a three-month period.

On 2 January 1992, the applicant was reduced from PFC, E-3 to Private, E-2.

On 7 February 1992, the applicant was discharged from the Army National Guard with a
general discharge under honorable conditions in the rank and grade of Private, E-2 and
transferred to the U. S. Army Reserve Control Group (Individual Ready Reserve).

There is no record of a summary court-martial or nonjudicial punishment under Article
15, Uniform Code of Military Justice filed in the applicant’s records.
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ABCMR                                     Memorandum                                       of
AR2000050324
Consideration (cont)


There is no evidence of record to show that the applicant was awarded or
recommended for award of the Purple Heart or the Bronze Star Medal.

Army Regulation 600-8-22 provides policy and criteria concerning individual military
decorations. In pertinent part, it states that the Purple Heart is awarded to any member
of an Armed Force who has been wounded or killed in any action against an enemy of
the United States. The wound must have required treatment by a medical officer and
records of medical treatment for wounds or injuries received in action must have been
made a matter of official record.
It states, in pertinent part, that the Bronze Star Medal is awarded in time of war for
heroism and for meritorious achievement or service. As with all personal decorations,
formal recommendations, approval through the chain of command, and announcement
in orders are required. Recommendations must be made within 2 years of the event or
period of service and the award must be made within 3 years.

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. Although there is no evidence of record to show that the applicant received a
summary court-martial, the applicant contends that he did. The Board presumes that a
court-martial may account for the applicant’s reduction from E-4 to E-3 and, in the
absence of evidence to the contrary, the Board further presumes that the conviction by
summary court-martial was effected in accordance with applicable law and regulations
and the reduction was proper.

3. There is no evidence of record to show that the applicant was wounded as a result
of enemy action; therefore, he is not entitled to award of the Purple Heart.

4. There is no evidence of record to show that the applicant was recommended for
award of the Bronze Star Medal; therefore, it is not appropriate to show he was awarded
that decoration.

5. In view of the foregoing, there is no basis for granting the applicant's request.




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ABCMR                                 Memorandum                                    of
AR2000050324
Consideration (cont)

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

__aao___ __teo___ __bfh___ DENY APPLICATION



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




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ABCMR                             Memorandum   of
AR2000050324
Consideration (cont)


                                  INDEX

CASE ID                AR2000050324
SUFFIX
RECON
DATE BOARDED           20010130
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION         (DENY)
REVIEW AUTHORITY
ISSUES        1.       107.0014
           2.          107.0015
           3.          133.00
           4.
           5.
           6.




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