Mr. Carl W. S. Chun | Director | |
Ms. Carolyn G. Wade | Analyst |
Mr. John N. Slone | Chairperson | |
Mr. Richard T. Dunbar | Member | |
Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: In effect, that he be retroactively awarded a battlefield commission.
APPLICANT STATES: In effect, that he submitted the names of four fellow soldiers in support of a previous application in which he requested a Silver Star Medal; that two of those four individuals are now deceased.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 1 July 1940 and served honorably until he was separated on 14 February 1946.
In February 1945, the applicant was a Technical Sergeant serving with the 40th Infantry Division on Luzon, Philippine Islands. On 8 February 1945, he was wounded while engaged in combat against enemy forces. As a result of his wounds, the applicant was medically evacuated to the United States where he was hospitalized for 1 year. After recovering, he was discharged from the Army with an honorable discharge on 14 February 1946.
There is no official evidence in his available records to show that he was ever formally recommended for a battlefield commission. The Board noted that the applicant had two prior cases (AC93-07274 and AR2000048767) with the Army Board for Correction of Military Records (ABCMR). In his previous submissions to the Board, the applicant stated that his company commander had indicated his intent to recommend the applicant for a battlefield commission, but was relieved for inefficiency before he could do so.
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. 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 this requirement.
2. Available service records do not support the applicant's contention that he was recommended for a battlefield commission. Furthermore, in a 3 June 1994 submission to this Board, the applicant states that his company commander was relieved of his command for inefficiency before the recommendation could be submitted.
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
__JNS___ __RTD__ __DPH __ DENY APPLICATION
CASE ID | AR2001052680 |
SUFFIX | |
RECON | |
DATE BOARDED | 20010828 |
TYPE OF DISCHARGE | HD |
DATE OF DISCHARGE | 19460214 |
DISCHARGE AUTHORITY | AR 615-361 |
DISCHARGE REASON | Disability |
BOARD DECISION | DENY |
REVIEW AUTHORITY | Director |
ISSUES 1. | 131.0000 |
2. | |
3. | |
4. | |
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6. |
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