MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           04 DECEMBER 2001
	DOCKET NUMBER:   AR2001061674

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Andersen		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 request for award of the Silver Star. 

APPLICANT STATES:  The applicant states that he contacted a former captain who confirms that a lieutenant had stated that he was going to recommend the applicant for the Silver Star.  He states that a person from headquarters did interview the lieutenant concerning the recommendation and took the recommendation back to the headquarters with him.  It was at that time the lieutenant informed him [the applicant] that he had made the recommendation.  He stated that the headquarters was shelled, all personnel killed, and all records were destroyed.   

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 3 December 1997             (AC97-09795), and the reconsideration of his case on 23 November 1999 (AR1999015326).  In response to his 18 October 2000 request for reconsideration, he was informed on 27 March 2001 that there was no evidence to warrant resubmission to the Board.  His request was returned without action (AR2000048750).

The applicant provided with his latest request a letter from a former soldier, a captain, who stated that the lieutenant, a maintenance officer, had personally told him that he was going to recommend the applicant for the Silver Star for his heroic efforts; and, although the applicant was so informed of the lieutenant’s decision, the entire headquarters company was bombed out before the recommendation could be forwarded to the headquarters.  The former captain related two incidents which warranted the recommendation for the award.  He stated that it would be an injustice to deny him the award considering the circumstances under which the recommendation was never received at headquarters.   

Army Regulation 600-8-22 provides that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

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 statement by the former captain notwithstanding, there is no conclusive evidence that the applicant was recommended for award of the Silver Star.  Nevertheless, a recommendation for an award does not necessarily denote an approval of that recommendation.  There are apparently no eyewitnesses to the applicant’s actions, and more than 50 years have elapsed since the applicant’s World War II service.  Consequently, due to the passage of time, pertinent information is not available.  In the absence of such information, there is no basis for award of the Silver Star.
  
2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  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 that requirement.

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

__JHL___  __MKP__  __ENA   _  DENY APPLICATION

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

INDEX

CASE ID	AR2001061674	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011204	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	53	
3.		
4.		
5.		
6.