MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 April 2000
	DOCKET NUMBER:   AR1999033736

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Kenneth L. Wright		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 Distinguished Service Cross.

APPLICANT STATES:  That he “received the DSC [Distinguished Service Cross] but [his] DD 214 does not indicate that.”  He also “feels” that his service records will indicate that he was awarded the Distinguished Service Cross.

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

The applicant entered active duty on 11 March 1980.  He completed training as a Military Policeman and was assigned to Panama.  On 22 July 1981, the applicant was honorably discharged.

The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty), which is authenticated in his own hand, does not show the Distinguished Service Cross as an authorized award.

There is no evidence in the applicant’s service personnel records that he was recommended for or awarded the Distinguished Service Cross.  

The applicant’s DA Form 2-1 (Personnel Qualification Record-Part II) does not show the Distinguished Service Cross as an authorized award in item 9 (Awards, Decorations & Campaigns).

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Distinguished Service Cross is awarded to a person, who while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor.  The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.  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.  There is no evidence, and the applicant has provided no evidence, which shows that he was recommended for or was awarded the Distinguished Service Cross.  Therefore, the applicant is not entitled to correction of his records to show award of the Distinguished Service Cross. 

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

________  ________  ________  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033736	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000427	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19810722	
DISCHARGE AUTHORITY	AR 635-200, CHAP 9.  .  .  .  .  	
DISCHARGE REASON	ALCOHOL REHAB FAILURE	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.