MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 November 2001                   
	DOCKET NUMBER:   AR2001063345

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 request for award of the Medal of Honor.

APPLICANT STATES:  That he was recommended for award of the Medal of Honor by his former commanding officer, a holder of the Distinguished Service Cross, our nation’s second highest award for combat.  He provides the recommendation and proposed citation, three notarized affidavits from witnesses to his actions during June 1953 including one from the soldier who typed up the recommendation for the Medal of Honor, one 3-page article dated 3 September 1998, one partial 1-page newspaper article dated 31 May 1999, and one poem entitled “The Real Forgotten War” as supporting evidence.

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 20 September 2000 (AR1999025989).

The provided affidavits essentially reaffirm previous descriptions of the battle the night of 14-15 June 1953 and the applicant’s actions during the battle.

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.  The Board acknowledges that the applicant provides a sworn statement showing he was recommended for award of the Medal of Honor in 1953; however, an award recommendation does not mean automatic award approval.  It appears he was awarded the Bronze Star Medal with “V” device for his actions in June 1953 at the time.  His request for upgrade of the Bronze Star Medal with “V” device to the Medal of Honor was considered by the U. S. Total Army Personnel Command’s Awards Board on several occasions, which finally resulted in the upgrade of the Bronze Star Medal with “V” device to the Silver Star.  His request was subsequently resubmitted to the Awards Board and denied.  He then submitted his request to this Board.  A formal hearing was granted in which the applicant appeared and three witnesses testified.  The Board unanimously determined that the Silver Star was the appropriate level of recognition for the applicant’s actions on 14-15 June 1953.

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.  Again, the Silver Star is the nation’s third highest decoration for heroism in action against an armed enemy, recognition that the applicant fully deserves.   

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

__jlp___  __mhm___  __rks___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001063345	
SUFFIX		
RECON		
DATE BOARDED	20011120	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0001	
2.		
3.		
4.		
5.		
6.