MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 28 October 1998
DOCKET NUMBER: AC97-06793
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.
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: That his military records be corrected to reflect that he was awarded the Silver Star, Purple Heart and Army Commendation Ribbon which is now the Army Commendation Medal (ARCOM). (The applicant originally applied to have his records corrected in 1996. That application was lost. Since then, the applicant has passed away and his brother has provided another copy of the application and related documents with a request that it be considered.)
APPLICANT STATES: That he never received any medals for his service. He contends that while in Korea he was wounded in action and recommended for the Silver Star but has never received the Silver Star or the Purple Heart for his wounds. He states that he was also recommended for the ARCOM at his last duty assignment but never received it either.
In support of his request, he has furnished a personal statement setting forth the circumstances of his recommendation for the Silver Star, a copy of his DD Form 214, Report of Separation, a copy of a Letter of Appreciation received while stationed at Fort Polk, Louisiana and a Certificate of Completion of the Leadership School from the Ryukyus Command, on Okinawa.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from a search of available morning report entries for Tank Company, 38th Infantry Regiment, 2nd Infantry Division (his unit of assignment in Korea) for the period April to August 1952.
He enlisted in the Regular Army for 3 years on 5 January 1951 and was honorably discharged in the grade of sergeant first class on 4 January 1954. He apparently served overseas on Okinawa and Korea but the period of time spent in each of these assignments is not discernible in the available records.
His DD Form 214 show that he received the following awards: the Army of Occupation Medal (Japan), the United Nations Service Medal, the Combat Infantryman Badge, the Korean Service Medal with 2 bronze service stars, the National Defense Service Medal and the Good Conduct Medal.
Neither the available records or the morning reports contain any information to show that the applicant was wounded in action or that he was awarded the Purple Heart or recommended for the Silver Star.
As a matter of policy, there is no automatic entitlement on the part of any soldier to any Army decoration. In this regard, Army Regulation 600-8-22, Military Awards, sets forth Army policy, criteria and administrative instructions concerning military decorations, service medals and service ribbons, combat and special skill badges and tabs. It provides, in pertinent part, that the primary requirement for award of a decoration is that a formal recommendation be prepared and introduced into official military channels within 2 years of the act, achievement, or service to be recognized. The sole exception to the 2-year time limit occurs when there is conclusive evidence that a formal recommendation was submitted but was lost, or through inadvertence was never acted on by proper authority.
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 applicants self-authored statement of the events describing the basis for his Silver Star recommendation does not provide the independent evidence necessary to support awarding him that decoration. The statement indicates that another NCO was to recommend him for the Silver Star. Whether that recommendation was ever prepared, or acted upon, cannot be established due to the 1973 fire that destroyed his records.
2. Likewise, there is no evidence to support the fact that he suffered a combat wound which would entitle him to the Purple Heart, or that he was awarded an ARCOM.
3. In the absence of evidence showing that award recommendations were submitted on his behalf and not acted upon, there is no basis for granting his 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
JHL CMF RVO DENY APPLICATION
W. E Schnupp
Loren G. Harrell
Director
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