MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           16 December 1998
	DOCKET NUMBER:   AC98-06176

	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	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Carol Jo Suiter		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:  On behalf of the former service member (FSM), that records be corrected to show award of the Distinguished Service Cross. 

APPLICANT STATES:  The next of kin indicates the family has attempted, since the former service member’s death, to have the Distinguished Service Cross awarded.  

EVIDENCE OF RECORD:  The applicant's military records show the former service member enlisted for the Aviation Section, Signal Enlisted Reserve Corps, on 4 August 1917.  On 10 February 1918, he was honorably discharged to accept a commission as a second lieutenant, in the Air Service Signal Corps, on 11 February 1918.  He served overseas from 6 March to 8 July 1918, when he was killed in action.

The evidence of record shows that, on 8 July 1918, the former service member followed a superior enemy air force into enemy held territory alone and was apparently shot down and killed.  Germans, in charge of a cemetery, found the body and buried it.  There is no evidence of heroism or valor on the part of the former service member.

The Adjutant General of the United Sates Army caused an investigation to be performed to determine if the former service member had been recommended for or awarded the Distinguished Service Cross.  On 27 February 1932, the Adjutant General indicated no record had been found to show the former service member was recommended for or awarded the Distinguished Service Cross or any other American decoration.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism not justifying the award of a Medal of Honor.  They must have been engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing or foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing Armed Force in which the United States is not a belligerent party.  The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.  The Distinguished Service Cross was not established until 9 July 1918, after the event for which the award is requested. 

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 the former service member was recommended for or awarded the Distinguished Service Cross; therefore, he is not entitled to the award.

2.  Furthermore, all of the FSM’s service was performed prior to the establishment of the Distinguished Service Cross.

3.  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.

4.  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

EMW____  LEM____  CJS_____  DENY APPLICATION

						Loren G. Harrell
						      Director