MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           16 June 1999                   
	DOCKET NUMBER:   AR1998013315

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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:  Correction of his records to show award of the Silver Star.

APPLICANT STATES:  That he never received the medal.  In support of his application, he submits photocopies of his WD AGO Form 53-280 (Enlisted Record and Report of Separation) with a separation date of 3 December 1949 and his DD Form 214 (Report of Separation) with an effective date of 7 August 1951.

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

The applicant enlisted in the Regular Army on 13 September 1948 and completed training as an infantryman.  He was released from active duty on 3 December 1949 and was transferred to the Enlisted Reserve Center.  He was recalled to active duty on 27 September 1950, served in Korea for approximately seven months and was honorably discharged from active duty on 7 August 1951.

The applicant’s WD AGO Form 53-280 and DD Form 214 do not show the Silver Star as an authorized award.

There are no orders in the applicant’s personnel records which show he was awarded the Silver Star.  There is no indication in his records that he was recommended for 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 of record, and the applicant has not provided any evidence, which shows that he was recommended for or awarded the Silver Star. Therefore, he is not entitled to correction of his records to show this award.

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

JMA____  MHM____  ALR_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013315	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990616	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.