MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 March 2000                  
	DOCKET NUMBER:    AR1999030932

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby 		Member	
	Mr. John Saputo		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:  Award of the Silver Star.  

APPLICANT STATES:  That the Silver Star should be added to his list of decorations.  In support of his application, he submits Congressional correspondence, dated 25 August 1999, pertaining to his request for award of the Silver Star; his WD AGO Form 53-55 (Enlisted Records and Report of Separation); a DA Form 1577 (Authorization for Issuance of Awards) which shows numerous awards and decorations (Bronze Star Medal (based on award of the Combat Infantryman Badge), Purple Heart, Good Conduct Medal, Presidential Unit Emblem, American Campaign Medal, European-African-Middle Eastern Campaign Medal, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, Combat Infantryman Badge, Honorable Service Lapel Button World War II, and Marksman Badge with Rifle Bar) were issued to the applicant on 9 February 1990; and an excerpt from the History of the
94th Infantry Division in World War II which shows the recipients of the Silver Star for that division.  The applicant contends that the individuals listed in the excerpt were in his division and awarded the Silver Star.  He also contends that when the award was issued he was being treated for injuries sustained in the course of battle.   

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

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
30 November 1942.  He served as a foreman laborer in the European-African-Middle Eastern Theater from 11 August 1944 to 28 November 1945 and was honorably discharged on 12 December 1945.   

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Silver Star as an authorized award.

There is no evidence in the available records which shows the applicant was recommended for or awarded the Silver Star.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  Although the applicant contends that the Silver Star should be added to his list of decorations, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received the Silver Star.  Therefore, he is not entitled to correction of his military records to show this award. 

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

GDP____  MMD____  JS______  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030932	
SUFFIX		
RECON		
DATE BOARDED	20000301	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451212	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government and Demobilization	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.		
3.		
4.		
5.		
6.