| Mr. Carl W. S. Chun | Director | |
| Mr. Gale J. Thomas | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Hubert O. Fry, Jr. | Member | |
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by showing he was awarded the Distinguished Service Cross (DSC) and the Silver Star (SS).
APPLICANT STATES: In effect, that the Commander of L Company, at time in question, has been located and submits a response to the Boards original denial of the applicant’s case.
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 AC94-11333 on 2 August 1995.
The applicant submits new arguments that were not previously reviewed by the Board, and should be presented to the Board for consideration
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
.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 statement from the applicant’s company commander indicates that he had no knowledge of who had recommended the applicant for the awards, and does not recall being asked to endorse any recommendation for awards of any medals, and assumed that the company clerical personnel accumulated the data and passed it up the chain of command. He does not speak from first hand knowledge of the applicant’s actions, but reiterates what had been told to him by the platoon leader.
2. While the applicant’s latest submission supports his contention, it fails to provide evidence to show that he was recommended for awards of the DSC or the SS, or that the recommendations were lost.
3. 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.
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
__AAO__ __HOF __ __MMB__ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2003088947 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031016 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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