MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            28 August 2001
	DOCKET NUMBER:   AR2001052680

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Donald P. Hupman, Jr. 		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:  In effect, that he be retroactively awarded a battlefield commission.

APPLICANT STATES:  In effect, that he submitted the names of four fellow soldiers in support of a previous application in which he requested a Silver Star Medal; that two of those four individuals are now deceased.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 1 July 1940 and served honorably until he was separated on 14 February 1946.

In February 1945, the applicant was a Technical Sergeant serving with the 40th Infantry Division on Luzon, Philippine Islands.  On 8 February 1945, he was wounded while engaged in combat against enemy forces.  As a result of his wounds, the applicant was medically evacuated to the United States where he was hospitalized for 1 year.  After recovering, he was discharged from the Army with an honorable discharge on 14 February 1946.  

There is no official evidence in his available records to show that he was ever formally recommended for a battlefield commission.  The Board noted that the applicant had two prior cases (AC93-07274 and AR2000048767) with the Army Board for Correction of Military Records (ABCMR).  In his previous submissions to the Board, the applicant stated that his company commander had indicated his intent to recommend the applicant for a battlefield commission, but was relieved for inefficiency before he could do so.

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.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  Available service records do not support the applicant's contention that he was recommended for a battlefield commission.  Furthermore, in a 3 June 1994 submission to this Board, the applicant states that his company commander was relieved of his command for inefficiency before the recommendation could be submitted.

3.  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

__JNS___  __RTD__  __DPH __  DENY APPLICATION

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

INDEX

CASE ID	AR2001052680	
SUFFIX		
RECON		
DATE BOARDED	20010828	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460214	
DISCHARGE AUTHORITY	AR 615-361	
DISCHARGE REASON	Disability	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	131.0000	
2.		
3.		
4.		
5.		
6.