MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 January 1999
	DOCKET NUMBER:   AC98-08637
 				   AR1998013432

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas D. Howard, Jr.		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Curtis W. Barbee		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:  As the wife of a deceased former service member (FSM), that her late husband be awarded the Legion of Merit.

APPLICANT STATES:  That her husband was recommended for the Legion of Merit by the Commander of Combat Command B of the 11th Armored Division during World War II, but that he never received this award.  In support of the application, she submitted a copy of a letter from the Commander of Combat Command B, a letter of commendation from the Commander of Combat Command B, the FSM’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), the FSM’s Medical Certificate of Death, and documents related to the FSM’s service and the liberation of concentration camps during World War II.

EVIDENCE OF RECORD:  The FSM’s military records show he entered active duty on 30 October 1942 and served in the European Theater of Operations from 9 October 1944 to 21 November 1945.  He was honorably discharged on 6 December 1945.  The FSM’s discharge document does not show the Legion of Merit as an authorized award.

The applicant submitted a copy of a letter by the Commander of Combat Command B, dated 15 May 1945, which states in paragraph 2:  I desire to go on records as especially recommending the commission of this soldier [the FSM] whom I have twice recommended for meritorious and heroic conduct to include recommendation for the Legion of Merit Medal.”

The FSM’s personnel records contain a copy of a recommendation for award of the Legion of Merit Medal, dated 11 May 1945, “for exceptionally meritorious conduct in the performance of outstanding services in Germany and Austria from 15 March 1945 to 1 May 1945”.  The recommendation for award was submitted by the Commander of Combat Command B to the Commanding General of the 11th Armored Division.  By indorsement, dated 27 June 1945, the Commanding General of the 11th Armored Division disapproved the award with the comment:  “The actions described, though meritorious, do not warrant the award of the Legion of Merit.”

The FSM’s personnel records contain a WD AGO Form 0708 (Record of Award of Decoration) showing he was awarded the Bronze Star Medal for meritorious service in connection with military operations against an armed enemy during the period 23 December 1944 to 8 May 1945.  The Bronze Star Medal was awarded by 11th Armored Division General Order Number 132, dated 16 July 1945.

Army Regulation 600-8-22 states, in pertinent part, that the Legion of Merit is awarded to individuals who distinguish themselves by exceptionally meritorious conduct in the performance of outstanding services and achievements.  The performance must merit recognition of key individuals for service rendered in a clearly exceptional manner.  Performance of duties normal to the grade, branch, specialty or assignment and experience of an individual is not an adequate basis for this award.  In peacetime, service should be in the nature of a special requirement or an extremely difficult duty performed in an unprecedented and clearly exceptional manner.  However, justification may accrue by virtue of exceptionally meritorious service in a succession of important positions.  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, reconsideration, nor for upgrading to a more prestigious award.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

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 FSM was recommended for award of the Legion of Merit for his exceptionally meritorious conduct during the period 15 March 1945 to 1 May 1945.  This recommendation was submitted to the Commanding General of the 11th Armored Division who was the approval authority for the Legion of Merit at that time.  The Commanding General of the 11th Armored Division disapproved award of the Legion of Merit to the FSM and stated the reason for his decision.

2.  Evidence of record shows the FSM was recognized for his meritorious service during the period 23 December 1944 to 8 May 1945 with an award of the Bronze Star Medal.  This award is shown on the applicant’s WD AGO Form 53-55.

3.  The Board noted that the period of service covered by award of the Bronze Star Medal encompassed the period of service for which the FSM was cited in the recommendation for the Legion of Merit.

4.  Based on the foregoing, the Board has determined that the recommendation for award of the Legion of Merit to the FSM was submitted through proper channels, considered by the proper award approval authority, and was denied by the proper authority with a statement of the reason for disapproval .  The Board also determined that the FSM was recognized for his service in Germany and Austria by a properly approved award of the Bronze Star Medal.

5.  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 the aforementioned requirement.

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

TDH____  LLS_____  CWB____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC9808637/AR1998013432	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990106	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451206	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.