PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            29 April 1999                  
	DOCKET NUMBER:   AR1999021965

	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:

	Ms. Ann M. Campbell 		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Christopher J. Prosser		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 Silver Star. 

3.  The applicant states, in effect, that he should be awarded the Silver Star for his actions in a combat operation during World War II.  He contends that he commanded the assault and capture of the city of Waldrach in Germany, during World War II, while under enemy fire and was not officially recognized for the operation.  In support of his application, he submits a 12-page description of the event.  

4.  The applicant’s military records show that he was commissioned a second lieutenant in the USAR on 13 June 1938.  He entered active duty on
25 September 1940, served in the European Theater of Operations from
27 November 1944 to 15 August 1945 and retired in the rank of colonel on
1 August 1968.  

5.  His DD Form 214 (Report of Transfer or Discharge), which was authenticated in his own hand, does not show the Silver Star as an authorized award.  The Board notes that the applicant was awarded the Army Commendation (2d Oak Leaf Cluster), which is also not shown on his DD Form 214. 

6.  There is no evidence in the applicant’s personnel records which shows he was recommended for or awarded the Silver Star. 

7.  Item 21 (Awards and Decorations) of the applicant’s DA Form 66 (Officer Qualification Record), which was authenticated in his own hand, does not show the Silver Star.  The Board notes that item 21 does show award of the American Defense Service Medal, the World War II Victory Medal and the European-African-Middle Eastern Campaign Medal.  These awards are not shown on the applicant’s DD Form 214.   

8.  United States Military Assistance Command Thailand General Orders Number 106, dated 13 December 1966, shows the applicant was awarded the Army Commendation Medal (2d Oak Leaf Cluster).

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the American Defense Service Medal is awarded for service between
8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.
11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

12.  Army Regulation 600-8-22, in pertinent part, that the European-African-Middle Eastern Campaign Medal is awarded for service within the European-African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.

CONCLUSIONS:

1.  The Board noted the applicant’s account of the capture of the city of Waldrach and appreciates his actions.

2.  Although the applicant contends that he should be awarded the Silver Star for his actions in a combat operation during World War II, there is no evidence available to the Board, and he has provided no evidence, which shows that his chain of command recommended or approved an award of the Silver Star for his actions at the city of Waldrach during World War II.  In the absence of a formal recommendation by the chain of command and approved by the proper award authority or orders announcing award of the Silver Star, the applicant is not entitled to this decoration.

3.  The applicant was awarded the Army Commendation Medal (2d Oak Leaf Cluster); therefore, he is entitled to correction of his military records to show this award.

4.  The evidence of record shows the applicant was awarded and qualified for award of the American Defense Service Medal, the World War II Victory Medal and the European-African-Middle Eastern Campaign Medal.  Therefore, he is entitled to correction of his records to show these awards. 

5.  In view of the foregoing, the applicant’s records should be corrected 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 Army Commendation Medal (2d Oak Leaf Cluster), the American Defense Service Medal, the World War II Victory Medal and the European-African-Middle Eastern Campaign Medal.  

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

BOARD VOTE:  

AMC____  ESC____  CJP_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ann M. Campbell__
		CHAIRPERSON

INDEX

CASE ID	AR1999021965	
SUFFIX		
RECON		
DATE BOARDED	19990429	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19680801	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON	RETIREMENT	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.