MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 March 2000                   
	DOCKET NUMBER:   AR2000035559

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		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:  That he be awarded the Bronze Star Medal and the Silver Star.

APPLICANT STATES:  That he recently found his DD Forms 214, discharge certificates, receipt for remittance, medical examination letter and authorization for issuance of awards.  These documents should confirm what he has contended all along – that he was recommended for a Bronze Star Medal for his actions on Pokkae Hill and for the Silver Star for his actions on Pork Chop Hill.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contain herein was obtained from his DD Forms 214.

The applicant initially enlisted in the Regular Army on 2 March 1950.  He was assigned to Korea when it was discovered he was underage and he was discharged on 30 December 1950.  He reenlisted in the Regular Army on 29 July 1952.  He served overseas for 11 months and 29 days.  He served in Korea and was awarded the Combat Infantryman Badge and the Purple Heart.  He was discharged on 28 July 1955.

Army Regulation 600-8-22, in pertinent paragraph, establishes that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.

The Fiscal Year 1996 National Defense Authorization Act (FY96 NDAA) provided 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.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  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.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.  

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 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.  While the documents provided by the applicant will assist in reconstructing his records, they do not support his contention that he was recommended for award of the Bronze Star Medal and the Silver Star.

2.  If the applicant feels he should have been awarded the Bronze Star Medal and the Silver Star for his actions on Pokkae and Pork Chop Hills, a reconstructed award recommendation must be prepared.  DA Form 638 (Recommendation for Award) must be completed with information pertaining to him and his unit of assignment during the period(s) for which he is being recognized.  A narrative of the action(s) for which he is being recognized is required.  Finally, it is important that the recommendation be accompanied by eyewitness statements attesting to the act(s) of valor performed, sworn affidavits, certificates and any other related documentation.  The Board understands that many years have passed and many of the individuals who knew of his actions may have died.  Nevertheless, eyewitness statements are required.  The various service organizations such as the American Legion or the Disabled American Veterans may be able to help him locate some of the necessary witnesses.  The request(s), which should be mailed to Commander, United States Army Personnel Command, ATTN:  TAPC-PDA, 200 Stovall Street, Suite 7S07, Alexandria, VA  22332-0471, will be considered only if it has been referred to the Secretary of the Army by a Member of Congress.

3.  The Board regrets not being able to grant the relief requested, but it must review the proper supporting evidence prior to making any type of correction to official military records.  

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

__rvo___  __mkp___  __vbc___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000-35550	
SUFFIX		
RECON		
DATE BOARDED	20000315	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0006	
2.	107.0014	
3.		
4.		
5.		
6.