MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            4 November 1998
	DOCKET NUMBER:   AC98-06630

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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:  That his award of the Silver Star be upgraded to award of the Medal of Honor.

APPLICANT STATES:  That his regimental commander recommended award of the Distinguished Service Cross which was downgraded to award of the Silver Star.  The applicant states that witnesses will attest that his actions were above and beyond the call of duty and merit “belated” award of the Medal of Honor.

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

The applicant entered active duty on 28 February 1951 and served as an infantryman and a military policeman.  He completed over 21 years of active federal service and was released from active duty on 31 March 1972 to be placed on the retired list. 

Records show that, on 5 December 1951, the applicant’s company commander forwarded a recommendation with five witness statements and a sketch of the area for award of the Distinguished Service Cross for the applicant’s actions in combat on 7 October 1951 in Korea.  The battalion commander recommended approval of the Distinguished Service Cross and forwarded the award recommendation to the regimental commander.  On 8 December 1951, the regimental commander recommended approval of a Silver Star instead of the Distinguished Service Cross to the commander of the 1st Cavalry Division.  On 20 February 1952, 1st Cavalry Division General Orders 91 were published which awarded the applicant the Silver Star for gallantry in action on 7 October 1951.

There is no evidence the applicant was considered for or was recommended for the Medal of Honor for his actions on 7 October 1951.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Medal of Honor.  The Medal of Honor is awarded by the President in the name of Congress to a person who while a member of the Army distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The regulation provides that the deed performed must have been one of personal bravery or self sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved the risk of life.  Further, the regulation requires that “incontestable proof” of the performance of the service will be exacted and each recommendation for this decoration will be considered on the standard of extraordinary merit.

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.  Contrary to the applicant’s contention that the regimental commander recommended award of the Distinguished Service Cross, the regimental commander recommended award of the Silver Star for the applicant’s actions at the time in question.  The award approval authority determined the Silver Star was the appropriate award in this case and authorized award of the Silver Star.  Based on these facts, the Board found the administrative processing of this award was proper.

2.  The Board considered all information submitted and all available evidence of record in this case.  The Board found no facts which were so compelling as to warrant overturning the decisions of the regimental and division commander who were present in Korea at the time in question.  As a result, the Board determined that the applicant was not entitled to upgrade of his Silver Star to an award of the Medal of Honor.

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

JEV_____  LLS_____  TNK____  DENY APPLICATION

						Loren G. Harrell
						Director