MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 January 1999                   
	DOCKET NUMBER:   AC98-05520
                                          AR1999015667

	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. Juanita I. Williams		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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:  In effect, reconsideration of the denial of his previous application.

APPLICANT STATES: Through a United States Senator, in effect, that he carried a fellow soldier who had been wounded during combat out of the line of fire to safety, saving the soldier’s life, and that he should have been recognized for this deed with a medal.

In support of his request for reconsideration, he submits a notarized statement from another fellow soldier who attests that he served with the applicant in Korea and witnessed the applicant carry a wounded soldier out of the line of fire to a safe area where the litter team, of which he was a member, picked the soldier up and carried him to the aide station.

EVIDENCE OF RECORD:  The applicant's military records are not available and are presumed to have been lost in the fire that occurred at the Records Center in 1973.  The information available for this review consists almost exclusively of a voluminous file of correspondence between the applicant and various members of Congress, Presidents Bush and Clinton, various Army officials, and veterans organizations.  The file shows:

Although the available evidence indicates that a prior application from the applicant was considered and denied by this Board, the Board’s decisional document is not available.  

An Army Discharge Review Board (ADRB) decisional document shows that the ADRB reviewed three requests from the applicant for an upgrade of his undesirable discharge.  The third review resulted in an upgrade of the applicant’s undesirable discharge to general, under honorable conditions.  On 11 September 1979 he made application to that board for an upgrade of his general discharge to fully honorable.  That request was denied.      

On 18 July 1997 the Army Reserve Personnel Center informed the applicant that his reconstructed records showed that he had been authorized the Purple Heart, Good Conduct Medal, Presidential Unit Emblem, European-African-Middle Eastern Campaign Medal with one bronze service star, World War II Victory Medal, Army of Occupation Medal with Japan and Germany clasps, National Defense Service Medal, Korean Service Medal with one bronze service star, Combat Infantryman Badge, United Nations Service Medal, Honorable Service Lapel Button, Sharpshooter Badge with rifle and machine gun bars, and the Expert Badge with carbine bar.  He was advised that he was not authorized the American Campaign Medal because his service during the qualifying period was in the continental United States.  In other correspondence the applicant was advised that soldiers who served in Korea were not entitled to the Bronze Star Medal based upon the award of the Combat Infantryman Badge as were World War II soldiers, as provided by Army policy.    

He has also been informed several times by the Department that in order to qualify for an award of a military decoration during past wars and conflicts, specific requirements had to be met.  First, a soldier had to distinguish himself by heroic actions, meritorious service or meritorious achievement.  Even then, military decorations were not automatically considered or approved.  Second, some one having knowledge of the soldier’s deeds had to submit an award recommendation into military channels.  Finally, after review by the chain of command, the award had to be approved by a senior field commander and announced in General Orders issued by that command.  No entitlement to any military decoration occurred until all of these requirements were met.  

He was also informed that Public Law and related Army regulations specify that recommendations for awards for the Korean Conflict had to be entered into official military channels by August 1956, and there were no exceptions to the time limit.  Time limits were necessary to ensure that the facts and circumstances surrounding events are accurately verified within a reasonable time period.  

In a letter dated 30 November 1991 to a member of Congress, the applicant stated that he met the soldier whose life he saved in August 1982 during a ceremony to honor the recipients of the Purple Heart who were from Pennsylvania.  He said that after informing the individual that he was the one who carried him out of the line of fire that the individual shook his hand, told him “thanks, but I don’t know you or remember you, but I know that some one did carry me out of there after I had been wounded.”  The applicant indicated that this individual died in September 1990.  

On 6 June 1996 the Army Reserve Personnel Center informed the applicant that his military records and alternate sources failed to reveal any information concerning the incident of saving another soldier’s life.  

On several occasions the former Executive Secretary of the Board informed the applicant that appearance before the Board is not a right, rather, it is a privilege the Board exercises at its own discretion, and that reconsideration will be granted only if he was able to furnish newly discovered relevant evidence not available to the Board at the time of its previous consideration of his case.  

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 applicant is seeking recognition in the form of a decoration/award for having saved the life of a fellow soldier during the Korean Conflict.  However, there is no evidence that he was properly recommended for an award and that such a recommendation was approved.   

2.  He has submitted a third party statement from another soldier who states that he served with the applicant in Korea and witnessed him carrying a wounded soldier out of the line of fire to safety.  

3.  The Board does not doubt that the applicant did what he says he did.  However, a soldier is not entitled to a decoration simply because he feels he is entitled to one.  As he has been informed by the Department, military decorations are not automatically considered or approved.  There are certain requirements that have to be met, none of which have been met in his case.   

4.  The applicant should take pride in knowing that he saved a fellow soldier’s life during combat and in his many other decorations/awards earned in military service.  However, no basis has been found for authorizing him the additional decoration he seeks.  

5.  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

___X_____  __X______  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director 

INDEX

CASE ID	AC98-05520	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY, 	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.