PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              23 December 1998
	DOCKET NUMBER:     AC98-12723
				     AR1998013054

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Silver Star and the Purple Heart.

3.  The applicant states his belief that he is entitled to the Silver Star and the Purple Heart for actions during the Ninth Army assault of the Rhine River on 24 March 1945.  He encloses a 28 May 1996 letter of explanation which was provided to the Board.  This letter describes the events for which the applicant believes he is entitled to these awards.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 25 March 1943.  He served in the European Theater of Operations from 1 November 1944 to 13 February 1946 and was honorably discharged on 27 February 1946. 

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which is authenticated in his own hand and with his right thumb print, does not show the Silver Star or the Purple Heart as authorized awards.  His WD AGO Form 53-55 also shows the entry “NONE” in item 34 (Wounds Received in Action).  The Board notes that the applicant was awarded the Combat Medical Badge and the Bronze Star Medal based on award of the Combat Medical Badge and the Army of Occupation Medal with Germany Clasp which are not shown on his discharge document.

6.  There is no indication in the records available to the Board that the applicant was recommended for or was awarded the Silver Star.  The applicant writes in his letter of explanation that he believes his actions “put [him] into more danger than” the captain who received the Bronze Star Medal.

7.  There is no evidence of record which shows the applicant was wounded or treated for wounds as a result of hostile action.  In his letter of explanation, the applicant states that he “refused” to report the injury because he did not want his “family notified that [he] had been wounded”.

8.  The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 18 October 1991, which shows the U.S. Army Reserve Personnel Center determined he was entitled to the Combat Medical Badge and the Bronze Star Medal based on award of the Combat Medical Badge, AND THE Army of Occupation Medal with Germany Clasp.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was recommended for or awarded the Silver Star.  The Board notes the Silver Star is awarded for gallantry in action based on recommendation by the chain of command and approval by the proper authority.  The Silver Star is not awarded because a person believes his actions deserve a higher level of recognition than someone else who had participated in the same operation and received an award.  Therefore, the Board finds there is no basis for award of the Silver Star in this case.

2.  There is no evidence the applicant was awarded the Purple Heart.  There also is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds due to hostile action.  The Board notes the applicant authenticated his discharge in his own hand which attested to the facts he was not wounded in action and was not awarded the Purple Heart.  Therefore, the applicant is not entitled to award of the Purple Heart.

3.  The applicant was awarded the Combat Medical Badge, the Bronze Star Medal based on award of the Combat Medical Badge, and the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his records to show these awards.

4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Combat Medical Badge, the Bronze Star Medal based on award of the Combat Medical Badge, and the Army of Occupation Medal with Germany Clasp.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

RVO____  KAK____  LE______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC9812723/AR1998013054	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998/12/23	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.