MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 December 1999
	DOCKET NUMBER:   AR1999034676

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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 the earlier application to correct deceased former service member’s (FSM’s) civil war record by awarding him the Medal of Honor.

APPLICANT STATES:   In effect, that the Board erred in stating that the FSM’s record’s were not available.  He submits copy of the FSM’s two page record from the National Archives and extracts from several pages of a Government Printing Office publication entitled War of The Rebellion: A Compilation of the Official Records of the Union and Confederate Armies. 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on 26 August 1998 (COPY ATTACHED).

The documents submitted may constitute new evidence in that it is impossible to tell whether or not all of the documents were previously available to the Board. Therefore, Board consideration is warranted.

The applicant’s available record shows that he was attached to F company 2nd Tennessee Infantry and that he was “hanged by the rebels December 19.”

The extracts from the Confederate correspondence shows tat the arrest, court-martial and execution of individuals engaged in sabotage by burning bridges to aid the Union cause was the official policy and that the FSM was among those upon whom this policy was visited.

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.  Even thought the submitted documents show that the FSM was undoubtedly aware of the potential ultimate consequences of his action in support of the Union cause there is nothing in the available evidence to show that his actions were in any way distinguished from that of his peers.  In such circumstance award of the Medal of Honor is not appropriate. 
 
2.  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.

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

__HOF__  __MW___  __DW___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999034686	
SUFFIX		
RECON		
DATE BOARDED	19991221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.01	
2.		
3.		
4.		
5.		
6.