MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:.

	BOARD DATE:            16 December 1998               
	DOCKET NUMBER:   AC98-06913

	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. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Carol Jo Suiter		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:  His records be corrected to show award of the Bronze Star Medal for Heroism.

APPLICANT STATES:  He was recommended for the award for saving the life of a fellow soldier from drowning, while a group of his friends were swimming for recreation. 

COUNSEL CONTENDS:  Counsel was silent on the issue.

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 24 September 1951.  On 15 June 1952, he was wounded in action and medically evacuated to the United States.  He served in Korea for a period of 
3 months and 15 days.  He was honorably separated from active duty on 
30 September 1953 and placed on the permanent disability retired list the following day.

There is no evidence that the applicant was entitled to or awarded the Bronze Star Medal for Heroism.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years or the event or period of service and the award must be made within 3 years.

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.  There is no evidence of record to support his request for award of the Bronze Star Medal for Heroism.

2.  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 the aforementioned requirement.

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

EMW___  LEM_____  CJS_____  DENY APPLICATION

						Loren G. Harrell
						       Director