MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            28 January 1999
	DOCKET NUMBER:   AR1998013303

	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.

	Mr. Loren G. Harrell		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		Member	

	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 he be awarded the Medal of Honor.

APPLICANT STATES:  In effect, he is entitled to the Medal of Honor for action in World War II, but he never received it.  In a personal letter (enclosed), he indicates he is trying to locate a major of Combat Command B.  This major recommended him for the Medal of Honor.  He was a motorcyclist with the code name “IDA”, which was on the front shield of his motorcycle.  In December 1944, when a half their convoy became separated, he was dispatched to find the rear half and help reconnect the convoy.  On his request, he indicates the major was killed in action.

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 reconstructed personnel records.

The applicant was inducted on 17 December 1942 and held in the inactive Enlisted Reserve Corps status until he entered active duty on 26 December 1942.  He completed his required training and was awarded military occupational specialty 345 (Truck Driver), and attained the rank of Technician 5th Grade.  He served in the European Theater of Operations from 31 March 1944 to 10 December 1945.  He was honorably discharged on 15 December 1945, under Army Regulation 615-365 for the convenience of the Government and demobilization.

There is nothing in the available records to support the applicant’s request for award of the Medal of Honor.

The available records contain a copy of WD AGO Form 106 (Request for Decoration and/or Citation), submitted to The Adjutant General on 14 December 1945 when the applicant was being processed for separation.  On the form, the applicant claimed that he was entitled to award of the Bronze Star Medal for action in an attack on a convoy in December 1944, but that he was never cited by his commanding officer.  There is no record of a response to the applicant’s request by The Adjutant General.

In August 1981, the applicant also submitted a request for the Bronze Star Medal to the National Personnel Records Center, for the same military action.  In a response, dated 26 April 1982, the Commander, Reserve Components Personnel and Administration Center advised him that no record had been found which recommended or authorized the Bronze Star Medal.  He was also informed that approved awards are announced in general orders, and that the absence of such orders indicates that any recommendation submitted in his behalf was not favorably considered.

On 23 January 1985, this Board denied his request for award of the Bronze Star Medal for the same military action, based on insufficient evidence to indicate probable material error or injustice.

On 11 January 1994, this Board denied his request for award of the Bronze Star Medal based on the lack of new material evidence.

On 13 February 1995, the applicant submitted a request for the Silver Star to the National Personnel Records Center, for the same military action.  In a response, dated 29 July 1995, the Commander, Army Reserve Personnel Center advised him that no record had been found either recommending or authorizing the Silver Star.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and            2 September 1945 or whose such achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.

Army Regulation 600-8-22 (Military Awards) 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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Medal of Honor.  The Medal of Honor is awarded by the President in the name of Congress to a person who while a member of the Army distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The regulation provides that the deed performed must have been one of personal bravery or self sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved the risk of life.  Further, the regulation requires that “incontestable proof” of the performance of the service will be exacted and each recommendation for this decoration will be considered on the standard of extraordinary merit.

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 applicant has furnished no evidence of any sort in support of his contention.

2.  The applicant submitted a formal request for the Bronze Star Medal, for the same military action, at the time of his discharge - when the circumstances were still relatively fresh in mind and personnel involved were reasonably available for verification.   The lack of a favorable reply by TAG is an indication that no basis was found then, and that none exists now, for the Medal of Honor.

3.  In 1985, this Board denied his request for award of the Bronze Star Medal, based on lack of evidence.

4.  The applicant submitted a request for the Silver Star, for the same action, in 1995.  This request was denied.

5.  Due to the passage of time, pertinent records have been lost or destroyed, relevant information has become unavailable, and the applicant has been unable to provide any supporting evidence; therefore, favorable consideration is barred.

6.  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

LLS_____  RWG___  CLG_____  DENY APPLICATION

						Loren G. Harrell
						       Director