MEMORANDUM OF CONSIDERATION

IN THE CASE OF:       

BOARD DATE:           19 April 2000
DOCKET NUMBER:   AR1999025982

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Van B. Cunningham		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: Reconsideration of his application to correct his records by awarding him the Bronze Star Medal, the Air Medal and the Army Commendation Medal (ARCOM). 

APPLICANT STATES:  In effect, that his actions on or about 10 December 1969 showed such bravery as to warrant the award of the Bronze Star Medal.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 7 October 1998 (COPY ATTACHED).

The applicant submits a statement from a fellow soldier relating the actions of the applicant in a firefight on or about 10 December 1969.  This soldier recommends that the applicant receive the Bronze Star Medal and ARCOM for these actions.  

This document was not available to the Board previously and constitutes new evidence that requires Board review.

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.  As the applicant has been advised, personal statements submitted on his behalf do not qualify as a proper or formal recommendation for, or approval of, an award of either medal. 

2.  The applicant has submitted no evidence to warrant a reconsideration of the prior denial of entitlement to the Air Medal, Bronze Stare Medal or ARCOM.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__J[H___  __EJA___  __VBC __  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025982	
SUFFIX		
RECON	 	
DATE BOARDED	20000419 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.	107.0018	
3.	107.0020	
4.		
5.		
6.