PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:           21 December 2000                  
	DOCKET NUMBER:   AC2000047458

	I certify that hereinafter is recorded the true and complete record of the proceedings 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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Gail J. Wire		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                       records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2. The applicant requests, in effect, reconsideration of his previous application to correct his military records by showing that he was awarded the Silver Star in Korea.

3.  The applicant’s request for consideration was received from his counsel on 
13 September 2000.  Submitted with the request is an extract from a history of the 3rd Infantry Division in Korea which lists the applicant as a recipient of the Silver Star.  In September 1975 the applicant wrote that he had been presented the Silver Star by General Matthew Ridgeway and requested a copy of the citation.  He was informed that his official record did not contain such citation. 

4.  Recent liaison with the Awards Branch, Total Army Personnel Command reveals that available microfiche records indicate the applicant had been awarded the Silver Star by General Order 107, (presumably by Headquarters, 3rd Infantry Division).  However that general order is not available.  The Historical files of the 3rd Infantry Division indicate that the applicant had been attached to Headquarters and Headquarters Company, 2nd Battalion, 7th Infantry.

5.  The Memorandum of Consideration (MOC) of the Board’s 2 September 1999 review of his case (AR1999015627) is incorporated herein by reference as if wholly set forth.

6.  The 10 January 1951 edition of the 3rd Infantry Division newsletter, mentioned in the MOC, relates that near Hukeu-ri, Korea when the applicant’s unit was over-run on 3 December 1950, he ran 250 yards through enemy fire which was being directed at him in order to evacuate a wounded fellow soldier from the battalion command post. 

7.  A DA Form 1577 (Authorization for Issuance of Awards) was prepared by the Army Reserve Personnel Center in March 1986.  It indicates that the applicant is authorized the Good Conduct Medal, the Army of Occupation Medal with Japan Clasp, the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, and the Combat Infantryman Badge.  Associated with this DA Form 1577 is a note from the applicant to the effect that he possessed the Silver Star medal but that the citation had become lost.  A photograph of a Silver Star in a presentation case is attached. 

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Army Pamphlet 672-1 (Unit Citation and Campaign Register) indicates that the 2nd Battalion, 7th Infantry was awarded this award for the period 23 –25 November 1951.  

9.  Army Regulation15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration.  The staff of the Board is authorized to determine whether or not such evidence had been submitted.  The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case.  In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously or within a short time after the Board’s original decision.  If the staff finds such evidence, the case will be resubmitted to the Board.  If no such evidence is found, the application will be returned without action.

CONCLUSIONS:

1. The applicant’s original request was considered by the Board more that one year prior to the receipt of his request for reconsideration.  However, the staff of the Board has determined that the totality of the evidence constitutes evidence of manifest error that requires Board consideration.

2.  The microfiche evidence available at the Awards Branch is sufficient to confirm that the applicant was awarded the Silver Star.  Denial of his request to correct his record to show this award because no citation is available is unjust.

3.  The applicant’s records should be corrected to reflect his awards as accurately as is possible. 

4.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would correct an error and rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned is authorized the following awards:  The Silver Star, the Good Conduct Medal, the Army of Occupation Medal with Japan Clasp, the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Presidential Unit Citation and Combat Infantryman Badge.                 

2.  That a general order be prepared that confirms that the individual concerned was awarded the Silver Star by General Order 107.

3.  That a replacement for the lost award certificate be prepared which states, in effect, that the individual concerned was awarded the Silver Star for gallantry in action against the enemy on 3 December 1950.  He performed with marked distinction when the command post of his unit, Headquarters and Headquarters Company, 2nd Battalion, 7th Infantry, was overrun.  With conspicuous disregard for his personal safety, he ran through 250 yards of enemy fire that was being directed at him in order to bring a wounded fellow soldier to safety. 

BOARD VOTE:

__KAK__  __EWL__  __GJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_    _Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2000047458	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.