MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:            16 March 2000
DOCKET NUMBER:   AR1999032446

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. Christopher J. Prosser 		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 application to correct his records by awarding him the Distinguished Service Medal (DSM).

APPLICANT STATES:  In effect, that his actions of 18 February 1952 were of such a nature as to warrant the award of the DSM.  He avers that he was told he would receive recognition for his actions.  He submits statements from wartime companions to substantiate his case.

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 23 June 1999 (COPY ATTACHED).

The statements from the other soldiers were not available to the Board previously and constitute new evidence that requires Board review.

The applicant again offers a personal chronology of his actions of 18 February 1952 and includes a statement that he was told that he was going to be recommended for additional combat decorations, perhaps the DSM.  He again submits a copy of the 1 February 1996 Galahad Newsletter which chronicles the incident. 

The applicant submits two statements from fellow soldiers describing how the applicant took command of the unit following the wounding of their squad’s sergeant, ordered the unit to halt its attempt to advance and then directed a withdrawal without additional casualties.

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.  While the submissions collaborate the applicant’s statements of his actions on 18 February 1952, they are do not show that the applicant was recommended for the DSM.

2.  The Board concurs with the previous Board decision that the description of the applicant’s actions do not warranted the requested award.

3.  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.

4.  In view of the foregoing, there is no basis for granting the applicant's request.
(NOTE:  The 1996 Defense Authorization Act, section 526, established a provision whereby upon request of a Member of Congress the Secretary of the Army can review proposals for awards that would not otherwise be authorized due to limitations established by law or policy for timely submission of a recommendation.)

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___  ___OWT   __CJP___  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032446	
SUFFIX		
RECON	 	
DATE BOARDED	 20000316	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0006	
2.		
3.		
4.		
5.		
6.