PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            5 May 1999   
	DOCKET NUMBER:   AR1999021057

	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. James M. Alward		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger W. Able		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 Medal of Honor and the Silver Star. 

3.  The applicant states, in effect, that he was recommended for the Congressional Medal of Honor and the Silver Star and these awards are not shown on his DD Form 214 (Enlisted Record and Report of Separation).  In support of his application, he submits an incomplete copy of Headquarters XII Corps General Orders Number 6 dated 22 January 1945, an award certificate for the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device, and a 31 August 1998 letter from a retired Air Force Brigadier General who served with the applicant during World War II and recalls that the applicant was recommended for several decorations for bravery by his battalion commander.  He submitted an undated letter from his battalion commander’s driver who contends that he witnessed the battalion commander inform the applicant that he was being sent home for his numerous acts of bravery, that the necessary paperwork had been completed for the Medal of Honor and that he personally knew the Medal of Honor had been approved for the applicant.  He also provided a letter from his company commander’s driver dated 23 September 1998 who describes four acts of bravery performed by the applicant during World War II.   He contends that the applicant was invited to the 1945 American Legion’s National Convention as a Medal of Honor winner; however, when the applicant arrived he was informed that something was missing from his records and therefore did not receive the medal.  The company commander’s driver also contends that the applicant’s package was put together by their personnel department and there was nothing missing.  He goes on to state that the applicant’s battalion commander is deceased and additional information cannot be obtained.  He also submits a copy of a letter from the American Legion dated 9 November 1945 congratulating him as a Medal of Honor winner and inviting him to the Annual National Convention.  His last statement is a personal account of numerous acts of bravery during World War II.                  

4.  The applicant's military records show that he was inducted on 31 January 1942 and served in the European Theater of Operations as a foreman (construction) from 3 July 1944 to 11 March 1945.  He advanced to the pay grade of staff sergeant and was honorably discharged on 18 May 1945.

5.  The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Medal of Honor or the Silver Star as authorized awards.  His WD AGO Form 24 (Service Record) does not list the Medal of Honor or Silver Star.    

6.  There is no evidence in the applicant’s personnel records that show he was recommended for or awarded the Medal of Honor.

7.  The applicant provided an incomplete copy (pages 1, 4, and 17) of Headquarters XII Corps General Orders Number 6, dated 22 January 1945.  His name appears on page 4 of the General Order; however, the type of award was not listed on this page.  The citation is for heroism during the period 5 December 1944 to 11 December 1944.   

8.  The applicant’s WD AGO Form 24 shows he was awarded the Bronze Star Medal with one Oak Leaf Cluster per General Order Number 6, Headquarters XII Corps dated 22 January 1945.

9.  The applicant provided a copy of an award certificate for the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device awarded on 16 February 1982 for heroism during the period 5 December 1944 to 11 December 1944.  The Board notes the Bronze Star Medal with “V” Device is not shown on the applicant’s DD Form 214.
  
10.  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.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

12.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was recommended for the Medal of Honor during World War II and his three letters of support submitted with his application.  However, there is no evidence available to the Board to show that he was recommended or awarded the Medal of Honor.  Therefore, he is not entitled to this medal.  
2.  The applicant provided an incomplete copy of orders in support of his contention that he was awarded the Silver Star for heroism during the period
5 December 1944 to 11 December 1944.  However, evidence of record shows that he was awarded the Bronze Star Medal with one Oak Leaf Cluster for heroism during the period 5 December 1944 to 11 December 1944.  Therefore, he is not entitled to the Silver Star.

3.  The applicant was awarded the Bronze Star Medal (One Oak Leaf Cluster) with “V” Device on 16 February 1982.  Therefore, he is entitled to correction of his military records to show this award.

4.  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 Bronze Star Medal (One Oak Leaf Cluster) with “V” Device.

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

BOARD VOTE:  

JMA____  JS______  RWA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		James M. Alward_______
		CHAIRPERSON

INDEX

CASE ID	AR1999021057	
SUFFIX		
RECON		
DATE BOARDED	19990505	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450518	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.