MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             2 September 1999
	DOCKET NUMBER:    AR1999015627

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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:  Correction of his DD Form 214 to show entitlement to the Silver Star.

APPLICANT STATES:  That he would like his records corrected to show that he was awarded the Silver Star.  In support of his application, he submits a copy of an unidentified newspaper article and a page from the 10 January 1951 edition of the 3d Infantry Division Newspaper.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed 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 31 May 1950.  He served in Korea for approximately 16 months and was honorably discharged on 30 May 1953.  

The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), which is authenticated in his own hand, does not show the Silver Star as an authorized award.  There is no evidence in the limited records available to the Board that the applicant was awarded the Silver Star or that he was recommended for award of the Silver Star.

Correspondence in the applicant’s records shows that, on several occasions, he has requested a replacement citation for award of the Silver Star.  By letters, dated 9 October 1975, 20 March 1986 and 27 October 1986, the U.S. Army Reserve Personnel Center has advised the applicant that his records do not indicate entitlement to award of the Silver Star. 

The applicant provided a copy of an undated and unidentified newspaper article which states that the applicant was awarded the Silver Star in Korea.  The newspaper article states:  “The information was received by his parents (name omitted) in a letter which stated the award was made for son’s bravery in helping to bring the wounded to safety while under heavy enemy fire.”  The article from the 3d Infantry Division Newspaper states that the applicant was awarded the Silver Star for action in Korea on 3 December 1950.  It stated that he exposed himself “by running 250 yards through enemy fire” which enabled the successful evacuation of wounded fellow soldiers.

Army Regulation 600-8-22 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations, but not for late recommendations or reconsideration.
Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. 

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, and the applicant has provided no evidence of record, which shows that he was recommended for or awarded the Silver Star.

2.  The Board noted the newspaper articles which state the applicant was awarded the Silver Star.  However, these articles by themselves are not sufficient as a basis for award of the Silver Star, particularly since he authenticated his DD Form 214 which attests that he was not authorized the Silver Star.

3.  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.

4.  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

MKP____  TNK_____  JMA_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999015627	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990902	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19530530	
DISCHARGE AUTHORITY	AR 615-360	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY	MR HARRELL	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.