MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  18 July 2000
	DOCKET NUMBER:  AR1999024812

	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. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Ms. Elizabeth Buchanon		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 he be promoted by battlefield commissioned as directed and award of the Silver Star.

APPLICANT STATES:  That his company morning reports “box scores” and narrative summary from his former commander demonstrate his entitlement to a battlefield commission both promised and deserved.  He submits a detailed letter from his former battalion commander dated 5 September 1998, who states the applicant was promised a battlefield commission and his promotion to second lieutenant failed to occur.  The former commander recommends that the applicant be awarded the Silver Star for prolonged gallantry under fire while acting platoon leader.  The applicant also submits a letter dated 5 October 1998 from the same commander to his senator supporting the applicant’s promotion, letters from the applicant dated 15 January and 10 February 1999 to the Secretary of Defense and the Total Army Personnel Command, Awards Branch, and a copy of his citation for the Bronze Star Medal dated 7 February 1945 in support of his application.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources and documentation submitted by the applicant which show:

He was inducted and entered into active service on 9 July 1943.  

He served in Europe from 7 September 1944 to 23 May 1945.  He was awarded the Purple Heart, Bronze Star Medal and the Good Conduct Medal.

He was honorably separated on 30 November 1945 in the grade of Technical Sergeant, for Convenience of the Government – Demobilization.

There is no evidence in his available records to show that he was recommended for appointment to second lieutenant, or to a battlefield commission.

His former commander forwarded a letter dated 5 September 1998 to the Commander, Army Reserve Personnel Command (ARPERSCOM) recommending the applicant for award of the Silver Star.  His former commander also submitted a DD Form 638 (Recommendation for Award) dated 12 February 1999 to the ARPERSCOM.  There is no evidence to show receipt or action by the ARPERSCOM in response to these recommendations.

Army Regulation 600-8-22 (Military Awards) indicates, in pertinent part, that recommendations for awards of a military decoration (DA Form 638) must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  The regulation specifies 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years. 

Title 10, United States Code, section 1130, provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Commanders, leaders and fellow comrades, who had personal knowledge of the circumstances and events relative to the request, best provide corroborating evidence.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  

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.  In view of the circumstances in this case, the applicant is not entitled to a battlefield commission.  He has not shown error, injustice or inequity for the relief he now requests.

2.  The Board notes his contention that he was promised a battlefield commission; however, either evidence submitted with the application or the evidence of record does not support his contention.

3.  There is insufficient evidence to confirm the contentions of the applicant that he was, through error or injustice, denied award of the Silver Star.  The regulatory provisions for lost recommendations requires that there must be evidence that a recommendation was entered into the chain of command and that it was lost or otherwise not acted upon.  These provisions are required to preclude the possibility that a recommendation was submitted and disapproved.  

4.  There is no evidence to show receipt or any action taken by the ARPERSCOM on the former commander’s recommendations for a Silver Star for the applicant.  It is also noted that a request for award of the Silver Star not previously submitted in a timely fashion should be referred to the Service Secretary from a Member of Congress for consideration.  

5.  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 this requirement.

6.  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

__gp___  ___mt___  ___eb___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999024812	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000718	
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.