MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            4 November 1998
	DOCKET NUMBER:   AC98-08383

	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. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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 his award of the Silver Star be upgraded to award of the Medal of Honor.

APPLICANT STATES:  That his Silver Star should have been the Medal of Honor.  In support of his application, he submits a sworn affidavit and a reconstructed citation for the Medal of Honor from the applicant’s commanding officer during World War II, a copy of a certificate from the personnel officer of the 335th Infantry Regiment stating that the applicant’s service records were destroyed due to enemy action on 16 April 1945, three letters from the Military Awards Branch of the Total Army Personnel Command to a Member of Congress, a copy of a 6 March 1996 letter to a retired Army general officer and a a copy of a 1 June 1996 response from that general officer, a 22 May 1945 letter from the mother of a soldier killed in action during World War II to the applicant, and a copy of a letter from a Member of Congress to the Director of Department of the Air Force Legislative Liaison.  (Analyst Note:  All of the documents submitted with the application were submitted to the Board for review.)

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was inducted on 19 March 1943 and completed infantry training.  He served in the European Theater of Operations from 10 October 1944 to 20 September 1945 and was honorably discharged on 3 October 1945.

The applicant was awarded the Silver Star by Department of the Army General Order Number 19, dated 18 June 1974.  The applicant’s military records do not indicate that he was considered for or recommended for award of the Medal of Honor on or about 24 February 1945.  

The applicant’s company commander at the time in question contends that he did not recommend the applicant for the Medal of Honor because of “persistent rumors” that members of the unit were ineligible because the commanding general was not a “West Pointer”.  The former company commander also states in his 30 December 1997 notarized statement that his second option of recommending the Distinguished Service Cross was not available because one had already been awarded posthumously to a platoon leader, thus expending the “quota” for awards of the Distinguished Service Cross.  He states that, as a result, he recommended the applicant for award of the Silver Star.  The former company commander provided a reconstructed award recommendation for the Medal of Honor as he “wanted to write it in 1945.”

Informal coordination with the Awards Branch of the Total Army Personnel Command revealed a request for upgrading the Silver Star to the Medal of Honor had been considered by the Army Decorations Board under provisions of the National Defense Authorization Act of 1996.  On 17 July 1997, the Army Decorations Board found the Silver Star was the appropriate form of recognition for the applicant’s actions, and the Commanding General of the Total Army Personnel Command disapproved award of the Medal of Honor on 21 July 1997. A representative of the Awards Branch also stated there was no evidence that source of commission had any bearing on award approval authority or that quotas were imposed on submission of recommendations for awards at the time in question.

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.  There is no evidence of record, and the applicant has provided no evidence, to show that he was considered for award of the Medal of Honor on or about 24 February 1945.  

2.  There is no evidence to support the contention of the applicant and his former company commander that a recommendation for award of the Medal of Honor was not submitted because of a rumor that unit members were ineligible for the Medal of Honor since the commanding general was not a “West Pointer”.

3.  There is no evidence to support the contention of the applicant and his former company commander that a recommendation for award of the Distinguished Service Cross could not be submitted because the “quota” for that award had already been used.

4.  The evidence of record in this case shows the applicant’s chain of command recommended award of the Silver Star for his “gallantry in action“ at the time in question and the award approval authority determined the Silver Star was appropriate.  The Board considered all information submitted and all available evidence of record in this case and found no facts which warranted upgrading the applicant’s award of the Silver Star to the Medal of Honor.  Therefore the Board determined the applicant is not entitled to award of the Medal of Honor.

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

JEV_____  LLS_____  TNK____  DENY APPLICATION

						Loren G. Harrell
						Director