MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 October 1999                   
	DOCKET NUMBER:   AR1999017935

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Carol Jo Suiter		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 Silver Star (SS) in lieu of the Bronze Star Medal (BSM) with V device awarded on-the-spot.

APPLICANT STATES:  The BSM with V device was awarded on-the-spot on      14 July 1953 by Major General Trudeau, the 7th Infantry Division commander.  DA Form 639, Recommendation for Award, shows he was recommended for the SS by Company H, 17th Infantry.  Item 37 shows it was a duplicate of a previous award (the BSM with V device).  Item 38 shows revocation of previous award desired as “no.”  Supporting evidence is as listed on the DD Form 149.

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

He served in an enlisted status from 16 May 1945 until 17 July 1952.  He was appointed a commissioned officer on 18 July 1952.  He arrived in Korea on or about 14 May 1953.

On 20 July 1953, the company commander, Company H, 17th Infantry Regiment, recommended the applicant for the Silver Star for heroic achievement during the period 9 – 10 July 1953.  The DA Form 639, blocks 15 and 16 noted that General Trudeau had awarded the applicant a BSM with V device on-the-spot on 14 July 1953.  Block 37 noted that this recommendation duplicated a previous award (the BSM with V device) for the same action.  In block 38, the commander checked that he did not desire revocation of that BSM with V device.  General Orders 593 dated 8 September 1953, Headquarters, 7th Infantry Division awarded the applicant the BSM with V device for his actions on 9 – 10 July 1953.

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  In pertinent parts, it states that only one decoration will be awarded to an individual for the same act, achievement or period of meritorious service.  To ensure that a deserving act or achievement receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award. When a higher award is approved, the approving authority will revoke the interim award in the same orders published for the higher award.  The authority taking final action may award the decoration recommended, award a lesser decoration (or consider the interim award as adequate recognition), or disapprove award of any decoration.

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.  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.

2.  For his heroic actions on 9 – 10 July 1953, the applicant’s company commander recommended him for award of the SS.  To immediately recognize his actions, the 7th Infantry Division commander presented him an interim, on-the-spot award of the BSM with V device.  The approval authority, the 7th Infantry Division, took final action on the recommendation on 8 September 1953 by publishing orders awarding him the BSM with V device. 

3.  The fact the company commander checked block 38 indicating he did not want the BSM with V device revoked or that he had previously been awarded that decoration is immaterial.  The company commander only recommended the SS.  The approval authority took final action by awarding that interim BSM with V device as the final award as was within his authority.  

4.  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___  __mdm___  __cjs___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017935	
SUFFIX		
RECON		
DATE BOARDED	19991007	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.		
3.		
4.		
5.		
6.