MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 September 2000                  
	DOCKET NUMBER:   AR2000043994

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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 earlier appeal to correct his records by upgrading his Bronze Star Medal with “V” Device to the Medal of Honor.

APPLICANT STATES:  In effect, that a recommendation for the award was promised to him.  He believes that the regimental commander and/or staff recorded the details of the incident at the time.  He submits letters of character reference from the adjutant general of the Nebraska National Guard, a retired major general, a retired Air Force Reserve brigadier general, and a former district judge.  He forwards a letter from a former comrade who reports that the platoon  had been told that the applicant was dead.  Finally, he submits a newspaper article about the award of the Medal of Honor to 22 Asian-Americans and one about his own experience and his quest to be awarded the Medal of Honor.  He questions if his actions were judged by the same standards as those who recently received the award.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on  30 March 2000 (COPY ATTACHED).

The applicant’s submissions are new evidence that requires Board consideration.

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.  The character references are noted, but the applicant’s character is not at issue.
 
2.  Newspaper articles about other awards are not evidence that the applicant is entitled to the relief sought.

3.  Without denigrating or diminishing or minimizing the applicant’s actions and sacrifice in any way, this Board concurs with the earlier decisions that his actions do not meet the criteria for award of the Medal of Honor.

4.  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.

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

__AAO__  __MHM__  __TFB __  DENY APPLICATION

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

INDEX

CASE ID	AR2000043994	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.01	
2.		
3.		
4.		
5.		
6.