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ARMY | BCMR | CY2004 | 040009265C070208
Original file (040009265C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 JULY 2005
      DOCKET NUMBER:  AR20040009265


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Mr. Stanley Kelley                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In effect, the applicant requests reconsideration of his earlier appeal
to correct his military records by upgrading his award of the Silver Star
to the Distinguished Service Cross.

2.  The applicant made no statement, but forwarded a copy of the original
proceedings in his case, with marks and annotations made therein.

3.  The applicant provides a copy of the 19 February 2004 Board
proceedings, and the documents indicated herein.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003091378, on 19 February 2004.

2.  The new evidence in this case consists of:

      a.  A “FOREWORD” to the Soldiers of the 607th Tank Destroyer
Battalion from the commanding officer of that battalion;

      b.  A copy of a citation for the Legion of Merit for Lieutenant
Colonel Harald S. Sundt, the applicant’s task force commander;

      c.  A copy of a 6 October 1945 document reflecting the wounds and
injuries that the applicant sustained;

      d.  A copy of a handwritten note made by the applicant in which he
commented on his actions on 14 April 1945; and

      e.  A copy of a certificate showing that the applicant successfully
completed the combat intelligence staff officer course in 1969.

3.  The remaining documents submitted by the applicant were reviewed by the
  19 February 2004 Board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s case was processed to a conclusion in 1964, when the
Acting Vice Chief of the Army approved the recommendation of the Senior
Army Decorations Board denying award of the Distinguished Service Cross and
approving award of the Silver Star instead.  The documents that the
applicant submits are insufficient evidence to grant his request to
override that decision.

2.  The applicant’s request to upgrade his award of the Silver Star to the
Distinguished Service Cross is not warranted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JS___  ___SP __  ___SK __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2003091378, dated 19 February 2004.




                                  ______ John Slone________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009265                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050712                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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