MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:        28 January 1999         
	DOCKET NUMBER:   AC98-08371
				   AR1999017526

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Green 		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 the Silver Star, awarded to her brother, a deceased former service member, be upgraded to the Distinguished Service Cross.

APPLICANT STATES:  In effect, that she sees little difference between “gallantry in action” and “extraordinary heroism.”  She notes that recently there have been several accounts of soldier’s receiving upgraded decorations and would like to have her brother’s decoration re-evaluated.

EVIDENCE OF RECORD:  The former service member’s records are no longer available, possibly due to the fire at the National Personnel Records Center in 1973.  Information contained herein was reconstructed from information provided by the applicant and information contained in the former service member’s casualty file.

The former service member, born on 25 April 1919, was an enlisted soldier who entered active duty in October 1940.  He was assigned to the 18th Infantry Regiment of the 1st Infantry Division.  On 19 February 1943 he was killed in action in North Africa.  He was initially interred at the American Cemetery in Tebessa, Algeria and then re-interred in the American Cemetery in Tunis, Tunisia.  His remains were ultimately returned to the United States in 1948 for burial in Syracuse, New York.

The former service member was posthumously awarded the Silver Star for “gallantry in action…while assisting in the evacuation of a wounded man through intense fire…” on 19 February 1943 when he was “mortally wounded by an exploding shell.”  The award was confirmed in orders published by the 1st Infantry Division in April 1943.

In 1992 officials at the Army Reserve Personnel Center in St. Louis authorized issuance of awards and decorations the former service member was entitled to, including the Purple Heart and Army Good Conduct Medal.

Army Regulation 600-8-22 states that the Silver Star may be awarded for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force.  The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.  The Distinguished Service Cross is awarded for extraordinary heroism not justifying the award of the Medal of Honor.  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.  Both awards are personal decorations, which require a recommendation, approval through the chain of command, and announcement in orders.

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.  While the applicant may believe that her brother’s actions may have warranted an award of the Distinguished Service Cross and that there is little difference in the two awards, the appropriate awards approval authority, who would have been familiar with the conditions on the battle field and those acts for which the Silver Star and/or Distinguished Service Cross were being awarded, determined that the Silver Star appropriately recognized the heroic actions of her brother, a decision which was well within his authority.

2.  The former service member’s award recommendation was submitted through appropriate command channels and processed to conclusion by the appropriate awards approval authority with no evidence of error or injustice.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of the request.

4.  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.

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

__lls______  _rwg____  ___clg__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017526	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990128	
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. 107.00		
2.		
3.		
4.		
5.		
6.