MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 September 1999                  
	DOCKET NUMBER:   AR1998013673

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes 		Chairperson	
	Ms. Irene N. Wheelwright 		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:  Two awards of the Silver Star (correctly known as the Silver Star with one Oak Leaf Cluster).   

APPLICANT STATES:  In effect, that he sustained shrapnel wounds to his back in January 1943 and was awarded the Purple Heart.  He contends that his discharge document shows award of the Purple Heart and that he receives 
10% disability from the VA for it.  However, he also contends that he was a medic and cited for two awards of the Silver Star because he stayed behind and treated the injured soldiers. 

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

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted on
7 October 1940.  He served in the European Theater of Operations from 28 April 1942 to 29 April 1943 and was honorably discharged on 1 August 1943.  

The applicant’s discharge document, which was authenticated in his own hand, does not show any award of the Silver Star as an authorized award.

 There is no evidence in the applicant’s available records which shows the applicant was recommended for or awarded the Silver Star. 

Army Regulation 600-8-22 (Military Awards) 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.  Notwithstanding the applicant’s contention that he was cited for two awards of the Silver Star during World War II, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received any award of the Silver Star.  Therefore, he is not entitled to correction of his military records to show award of the Silver Star with one Oak Leaf Cluster.  

2.  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.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

EJO_____  INW____  CJP_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013673	
SUFFIX		
RECON		
DATE BOARDED	19990909	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19430801	
DISCHARGE AUTHORITY	AR 615-360 Section II  	
DISCHARGE REASON	Dementia Praecox, paranoid type	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.		
3.		
4.		
5.		
6.