MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  14 September 2000
	DOCKET NUMBER:  AR1999019005

	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. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Ms. Margaret Patterson		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 records be corrected to show the award of the “Legion of Merit Medal of the United States Army” and the “Soldier’s Medal of the United States Army.”

APPLICANT STATES:  In effect, that the copies of the award orders that he submits are proof of his request.  He also submits copies of articles from his local newspaper that discusses his service in World War II and the Korean War, his leadership roles as Mayor, various positions in the Boy Scouts and in the Disabled American Veterans and the Veterans of Foreign Wars organizations.  The articles also mention his awards of “two Army Commendation Medals” and receipt of the Soldier’s Medal “with the “V” device for Valor by the president of the United States.”  He was also “commended for outstanding services as “Fire Chief” of the European Communications Headquarters”.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire of the National Personnel Records Center in St. Louis, Missouri.  This case was reviewed with records obtained from alternate sources and those previously provided by the applicant.  The available records show:

Since 1985 the applicant has requested additional awards such as the Purple Heart, the Bronze Star Medal, the Combat Infantryman Badge and the Armed Forces Reserve Medal.  All of his requests have been denied.  This is the first request for these two awards that the Board has received.

He served as an infantryman in post-World War II from 5 September 1946 to 12 January 1948.  A 13 January 1988 Memorandum of Consideration (MOC) by this Board stated that he served in the European Theater for 11 months and 4 days.  A financial record shows that he returned to the US on 7 January 1948.  There is no report of separation in the available record for this period of service and the applicant has not provided one.

The prior MOC of this Board states that his decorations consisted of the Army of Occupation Medal, the World War II Victory Medal, and the Soldier’s Medal.  It is not explained in this prior MOC what evidence was available for the Soldier’s Medal prior to his separation of 12 January 1948 since the order he now presents is dated 25 September 1951.

Effective 22 September 1950 the applicant was called to active duty from the Enlisted Reserve Corps.  Effective 17 October 1951 the applicant was separated from active duty in pay grade E-5 and returned to the Enlisted Reserve Corps.  His separation document (DD Form 214) for this period of service shows that he was on active duty for 1 year and 26 days, of which 11 months and 18 days were spent in Europe where he was assigned to a headquarters detachment of the European Command.  His position title is shown as draftsman.  He was authorized the National Defense Service Medal and the Good Conduct Medal.
Block 29 (wounds) states “NONE”.  The applicant authenticated his separation document with his signature in block 48.  

Subsequent correspondence from the Department states that he was discharged from the Enlisted Reserve Corps effective 27 March 1952 although he submitted a discharge certificate that shows his rank as sergeant first class and his discharge date as 27 March 1964.  The word “Sergeant” and the date “27 March 1964” are not the same typeface as the rest of the document.  The bottom of the certificate states that he was awarded the “Good Conduct medal (Army)” and the “Armed Forces Reserve Medal”.  He was denied issuance of the Armed Forces Reserve Medal because he had not served sufficient service for entitlement to the award.  The award documentation on the certificate appears to have been added at a later date and is not an authorized entry on discharge certificates.

Also in the available record is a copy of his separation physical conducted on 16 October 1951.  The form is signed by a Medical Corps captain and states that the applicant had no serious injuries, operations, or diseases during this period of service, that he had no complaints of a medical nature at that time, and that he had no Army hospitalizations.  He was qualified for separation with a physical category of “A”.  The clinical evaluation made no mention of any abnormalities to his face, neck, skin, or hands relating to possible treatment or residuals of burns or scars.

The applicant provides a copy of his WD AGO Form 8-117 (Immunization Register) from both periods of service.  The form is used to record vaccines administered, eyeglass prescriptions, dentures, and drug sensitivity.  The remarks block for his second period of service contains the following handwritten statement:  "Burned hands and face due to fire Orleans, France Feb 14, 1951.  Hospitalized 28 days.  (and initials) J. W. H”.  Military medical authorities have advised in similar cases that remarks of wounds or injuries not related to the immunization record would not normally be entered here.

The orders for the “Legion of Merit Medal of the United States Army” submitted by the applicant are dated 2 July 1951.  It shows that this “Special Orders Numbers 36”, paragraph 6, is an “EXTRACT” and was approved by command of a brigadier general who was the commander of the European Command, Communications Zone and signed by a lieutenant colonel, assistant adjutant.  The order “UP Para 2b” is for the 13 June 1951 actions by another soldier and the applicant for their part in applying first aid to a wounded sergeant and then taking him to a hospital in France, where he later died.

The orders for the “Soldier’s Medal of the United States Army” submitted by the applicant are dated 25 September 1951.  It shows that this “Special Orders Numbers 50-B”, paragraph 8, is an “EXTRACT” and was approved by command of a brigadier general who was the commander of the European Command, Communications Zone and signed by a lieutenant colonel, assistant adjutant.

The order “UP Para 3a” is for a 14 February 1951 action where the applicant “displayed outstanding courage and bravery beyond the call of duty” by discovering a barracks fire started by a heating stove, disassembling the stove and throwing it out a third story window, and chopping and ripping the burning floor boards with his bare hands.  The order goes on to state that the applicant was burned on his hands, face, and body and required medical attention for nearly one month, and was credited with saving the lives of his fellow servicemen and countless dollars of government property.  On 14 November 1985 the Army Reserve Personnel Center (ARPERCEN) issued a DA Form 1577 (Authorization for Issuance of Awards) for the applicant to receive a Soldier’s Medal from the 
U S Army Support Activity.

On the same order mentioned above is a paragraph 9 that awards the Army Commendation Medal “for outstanding performance of duty”, for an unspecified period of time, to seven personnel. Included among the list are the applicant and the same fellow service member who was cited with the applicant for the “Legion of Merit Medal of the United States Army.”  On 15 October 1990 the (ARPERCEN) issued a DA Form 1577 (Authorization for Issuance of Awards) for the applicant to receive an Army Commendation Medal from the U S Army Support Activity.  As of the date of this Board action, neither the Soldier’s Medal nor the Army Commendation Medal has been authorized to be added to his DD Form 214.

Army Regulation 600-45, in effect at the time, provided the policy for awards and decorations.  It provided, in pertinent part, that publication of orders for the Legion of Merit and the Soldier’s Medal will be by general orders and that general orders for heroism will contain a complete citation reciting the circumstances of the heroism.  Awards for meritorious achievement or service will contain only the inclusive dates.  Orders for awards will also cite the regulatory authority for the award.

The Legion of Merit award authority granted during the period in question was only to specific commanders especially authorized by the Department of the Army, normally commanding generals in the grade of lieutenant general or higher.  The Soldier’s Medal award authority was limited to commanding generals of a separate force outside the limits of the United States in the grade of major general and could not be further delegated to a lower ranking officer.  The regulation goes on to state that the Legion of Merit was awarded to members of the Armed Forces of the United States who distinguished themselves by exceptionally meritorious conduct in the performance of outstanding services.
Army Regulation 600-8-22 provides the current policy for awards and decorations. It states, in pertinent part, that from December 1945 to March 1960, the Army Commendation Medal was known as and referred to as both the Army Commendation Ribbon and the Commendation Ribbon with Metal Pendant.  DA General Order 10, dated 31 March 1960, redesignated the award as the Army Commendation Medal.

A copy of the biographical summary, available at The Center for Military History, for the brigadier general that approved the two awards shows that he did not assume command of the Communications Zone until August 1951.

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 available records indicate that the applicant is only authorized awards of the Army of Occupation Medal, the World War II Victory Medal, the Good Conduct Medal, and the National Defense Service Medal for his active duty service in post World War II Europe and his active duty in Europe during the Korean War.

2.  The two “Special Orders Numbers 36 and 50B”, that the applicant presents with his request, are neither the proper order for these awards nor are they in the proper format for awards.  Additionally, the award authority shown for the Legion of Merit did not have this award authority nor was he assigned as the commander until a month after the date of the order.

3.  The award of the Army Commendation Medal to the applicant and five other service members, also shown on the orders for the Soldier’s Medal, is not in the proper format for this type award and was known as the Army Commendation Ribbon and the Commendation Ribbon with Metal Pendant until 1960.

4.  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 this requirement.

5.  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

__ro___  ___ea___  ___mp___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999019005	
SUFFIX		
RECON		
DATE BOARDED	20000914	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.