PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           7 October 1998     
	DOCKET NUMBER:   AC98-08431

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. James E. Vick		Member	
	Mr. Luther L. Santiful		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 Soldier’s Medal.

3.  The applicant states that the medal is not listed on his separation papers.

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center Fire of 1973.  Records available to the Board were obtained from alternate sources and show the applicant enlisted on 26 February 1940.  He served as a field lineman in the European-African-Middle Eastern Theater from 10 May 1942 until 4 August 1945 and was separated with an honorable discharge on 12 August 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) does not show the Soldier’s Medal as an authorized award.

6.  There is no indication in the applicant’s records that he was recommended for or awarded the Soldier’s Medal. 

7.  DA Form 1577 (Authorization for Issuance of Awards), dated 22 September 1993, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the American Campaign Medal, the European-African-Middle Eastern Service Medal with a silver service star, the World War II Victory Medal, the Army of Occupational Medal with Germany Clasp and the Expert Badge with Rifle and Machine Gun Bars.  These awards are also not shown on the WD AGO Form 53-55.

8.  Army Regulations 600-8-22, provides in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving conflict with the enemy. The action must have involved personal danger or hazard and the voluntary risk of life.  Awards are not to be based solely upon the saving of a life.  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.

CONCLUSIONS:

1.  There is no evidence available to the Board, and the applicant has provided no evidence, that shows he was awarded the Soldier’s Medal.  Therefore, he is not entitled to correction of his military records to show award of this medal.

2.  The applicant was awarded the American Campaign Medal, the European-African-Middle Eastern Service Medal with a silver service star, the World War II Victory Medal, the Army of Occupational Medal with Germany Clasp and the Expert Badge with Rifle and Machine Gun Bars.

3.  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 that the individual concerned was awarded the American Campaign Medal, the European-African-Middle Eastern Service Medal with a silver service star, the World War II Victory Medal, the Army of Occupational Medal with Germany Clasp and the Expert Badge with Rifle and Machine Gun Bars.

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

BOARD VOTE:  

SAC___  JEV_____  LLS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON