MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          23 September 2003   
	DOCKET NUMBER:  AR2003087381

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Patrick H. McGann		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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to include North Africa in item 32 (Battles and Campaign) and one additional bronze service star to be affixed to the European-African-Middle Eastern Campaign Medal in item 33 (Decorations and Citations).

APPLICANT STATES:  In effect, that he is entitled to one additional bronze service star for the North African Campaign.

COUNSEL:  The American Legion, as counsel for the applicant, notes that the applicant provided a six-page journal which includes a retired colonel's personal account of the actions of the 261st Medical Battalion from its activation on 
15 June 1942 to its deactivation and disbanding on 28 January 1945.  The account describes the maneuvers of this unit and its redesignation as the 98th Battalion.  Counsel points out that the personal account describes the service locations of the unit but is not authenticated; however, it is supported by a previous news letter submitted by the applicant for the same award.  Counsel also points out that the 1st Engineer Special Brigade Association Newsletter, dated July 1994 lists the 261st Medical Battalion as part of the 531st Engineer Shore Regiment and illustrates Africa as part of the letterhead.  
 
NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the consideration of Docket Number AR1999032453 by the Army Board for Correction of Military Records (ABCMR) on 3 August 2000.

On 12 October 2000, a request for reconsideration was considered and denied by the ABCMR (Docket Number AR2000046661).

On 18 April 2001, a request for reconsideration was reviewed by the ABCMR and the staff determined that the applicant had not provided any new evidence and his request was closed without action. 

The applicant submits an excerpt from the First Reunion Journal of the 261st Medical Battalion, dated 1989, which contains personal observations of a retired colonel.  The applicant has highlighted a caption which reads, "We are entitled to 5 battle stars, and arrowhead an unit citation."  The excerpt indicates that the 261st Medical Battalion served in North Africa in the following locations, Arzew, Algeria, Tunis, and Tunisia.  However, this excerpt also shows that the 261st Medical Battalion was awarded campaign credit for Sicily, Naples-Foggia, Rome-Arno, Normandy, and Northern France. 

The applicant’s submission is new evidence and will be considered by the Board.

Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Credit Register) dated 6 July 1961, shows, among other information, campaign credit during World War II.  This document shows that the 261st Medical Battalion was awarded campaign credit for Naples-Foggia, Normandy, Northern France, Rome-Armo, and Sicily.

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.  The Board considered the applicant's contention that he is entitled to one additional bronze service star for the North African Campaign.  The Board also reviewed the excerpt provided in support of his claim which indicated the 261st Medical Battalion served in North Africa.  However, the Board noted that this excerpt shows the 261st Medical Battalion was not awarded campaign credit for an African campaign.  In addition, Department of the Army Pamphlet 672-1 shows that the 261st Medical Battalion was awarded campaign credit for Naples-Foggia, Normandy, Northern France, Rome-Arno, and Sicily.  The applicant may very well have been in North Africa, but he is not entitled to campaign credit for an African campaign merely by having served with the 261st Medical Battalion.  Based on the foregoing, the Board determined that there is insufficient evidence on which to amend items 32 or 33 on the applicant's WD AGO Form 53-55.    
 
3.  After review of all the evidence in this case and the latest submission, the Board concluded the applicant has presented no argument or evidence which is sufficient to reverse the previous decisions rendered by the ABCMR in AR1999032453 on 3 August 2000 or AR2000046661 on 12 October 2000.
 
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

JLP____  AAO____  PHM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003087381	
SUFFIX		
RECON	Yes	
DATE BOARDED	20030923	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.	107.0000	
3.		
4.		
5.		
6.