MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 June 1999       
	DOCKET NUMBER:   AR1999022100

	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	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Ernest W. Lutz, Jr.		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:  In effect, the applicant is requesting that the award of the Silver Star that he received for his actions during World War II be upgraded to the Distinguished Service Cross.  

APPLICANT STATES:  In a 30 January 1998 letter he states that, at the urging of an official in the office of the Assistant Secretary of Defense, and others in his community who are familiar with his World War II service, he believes that his award of the Silver Star medal should be upgraded to the Distinguished Service Cross.

The applicant briefly describes the action that occurred in August 1944 in which he was involved, states that battle honors were awarded to the unit which he supported, to include the Presidential Unit Citation, and three infantry company commanders were awarded the Distinguished Service Cross for their role in the six day battle.  The applicant attaches a copy of a certificate from the 30th Infantry Division commander awarding battle honors to the 2nd Battalion, 120th Infantry Regiment for its sustained and successful defense of Hill 314 during seven days in August 1944.  He also includes a copy of the citation awarding him the Silver Star Medal for his actions during this struggle.  He states that General Rosenbaum, in the office of the Assistant Secretary of Defense, recognizes that the award of the Silver Star reflects generally the contributions that he, the applicant, made to the defense of Hill 314, but that official was concerned that the award does not specifically recognize the risk that the applicant took in deliberately exposing himself to enemy fire, and the fact that he knocked out two enemy batteries, a group of six self-propelled guns and a tank. 

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

The applicant was appointed a Reserve second lieutenant in the Field Artillery and entered on active duty on 8 April 1943, attended Infantry School in           May 1944, and in July was assigned to the European Theater of Operations.  He was wounded in action in September 1944 and again in November 1944, and was awarded the Croix de Guerre with Bronze Star by the government of France on 25 January 1945.  He returned to the United States in November 1945 and was released from active duty at Camp McCoy, Wisconsin with the rank of first lieutenant on 23 December 1945.  His certificate of service shows that he participated in four campaigns and was awarded the Silver Star Medal, the Purple Heart with one oak leaf cluster, the European African Middle Eastern Service Medal with four bronze service stars, the American Theater Medal, the World War II Victory Medal, and the aforementioned Croix de Guerre.  The unit to which he was attached, the 2nd Battalion, 120th Infantry, during the period            7 August to 13 August, inclusive, was awarded the Presidential Unit Citation.  He was awarded that medal.  His unit, the 230th Field Artillery Battalion was awarded the Belgian fourragere, and he was entitled to wear the fourragere as a permanent part of his uniform.
The citation awarding the applicant the Silver Star Medal, is quoted in part:  “…great heroism and tireless energy were materially responsible for trapped units of an infantry regiment being able to hold out against overwhelming odds.  He fearlessly exposed himself in moving from one observation post to another, often deliberately drawing enemy mortar, artillery, and small arms fire so that he could better the effect of artillery fire on the enemy.  [The applicant’s] gallantry aided greatly in turning back several counterattacks.”

The 22 June 1945 General Order, published by Headquarters, 30th Infantry Division, provides the same narrative content as the aforementioned citation.  That General Order includes other soldiers who received awards, one of which was a first lieutenant who was awarded the Silver Star Medal, “for gallantry in action on 25 February 1945 … displayed great heroism by going, despite being in a dazed condition from being blown out of his vehicle by concussion, through murderous small arms and direct anti-tank fire to the aid of a wounded gunner.  After giving him first aid, … again went through the enemy fire to aid other wounded men and remained with them until they were evacuated.  His gallant actions saved the lives of several of his comrades.”

Another individual who was awarded the Silver Star (by that same General Order), “for gallantry in action on 15 July 1944 … gallantly moved to front line positions to deliver artillery fire ahead of friendly troops so that newly won ground could be consolidated.  Although enemy artillery and mortar fire was falling directly on his position, he heroically refused to leave until he learned that the forward observer had the situation well in hand.” 

An article, authored by the applicant, titled, “Experience of War”, High Noon at Mortain”, describes the action during the battle for Hill 314 in August 1944, and the applicant’s role in directing artillery fire on the attacking German forces.  A quote from this article: 

      “The very top of the high crags presented a difficult target for artillery.  I reasoned that a shell falling short would hit in front of and below the top surface of the high crags.  The noise, dust, and debris would be unpleasant, but the explosion would go mostly to the sides and overhead.  What little might come directly forward would, hopefully, chip away only the front lip of the rough but somewhat flat surface of the dome.  If the trajectory of the shell was too high, even the slightest bit, it would pass over and burst in the valley or on the promontory behind, which was in enemy hands.” 

     “By that time I had directed so many fire missions that when I saw a new target I could Immediately fix its coordinates with a high degree of accuracy.  The course of action seemed clear.  It was our turn.”

     “I told Sergeant Sasser to switch on the radio.  We had to be quick.  For what I had in mind, the fire missions had to approach the speed of shooting in a quick-draw western--and with comparable accuracy.”

     “I motioned for Sergeant Corn, and he and I moved up near the top.  Leaving Corn down below the dome as a relay, I scrambled out onto the top under the glaring sun.  Head low, my body flattened, elbows stretched far apart, eyes barely above the top of my binoculars.  I searched and waited.  It seemed a certainty that I would not have to wait long.  If the Germans had been looking, they would have seen me.”

     “My body stretched out in the direction of fire.  At that angle they would see only my helmet.  An 88 would have to hit me right between the eyes.  I believed I was taking a carefully calculated risk rather than a rash, impulsive gamble with death.  The apple was on my head.”

     “The seconds ticked off, each one longer than the last.  When I had thought this out, it had not been my intention to stand up and wave.  I had to lie still.  I dared not move.  If I did, I might miss an opportunity or foolishly expose myself.”  

In that article, the applicant notes that another officer, who was on that hill, later wrote that had it not been for the artillery, there could be little doubt that the battalion would have been destroyed or captured.  The applicant also indicated that the log of the 230th Field Artillery Battalion, the applicant’s assigned unit, indicated that during the six days he was observing from the high crags and observation posts on the hill, he had sent in 193 fire missions.  He notes that General Omar Bradley, in his book, called the action at Hill 314 “one of the epochal struggles of the war.”

In a 12 August 1998 affidavit, an individual stated that he was a corporal during the period of the battle for Hill 314, and a member of the field artillery observer party commanded by the applicant.  That party was attached to E Company, 2nd Battalion of the 120th Infantry Regiment.  He described the situation and the action on that hill, the applicant’s responsibility and his actions, especially his actions on 8 August, in which he stated that the applicant crawled out on a crest of the hill where he was clearly visible to the enemy , making himself a target, drawing their fire, in order to spot the enemy artillery from the muzzle blasts of their guns as they fired on him.  He stated that one enemy battery after another shelled the position, and the applicant remained on top at the risk of his life and continued to take them under fire until the enemy ceased firing.  As a direct result of his action, three enemy artillery positions were disabled or destroyed having approximately 16 guns and one tank.

On 17 August 1998 the applicant wrote to a member of congress, stating that at the urging of General Rosenbaum, he was requesting an upgrade of the Silver Star Medal.  He stated that he was submitting this form [application] reluctantly because he did not feel that an individual should initiate an award for his own alleged valor.  He cited the action and his involvement, providing the MC a copy of the application to this Board, a copy of the certificate showing the battle honors awarded the 2nd Battalion, 120th Infantry Regiment, a copy of the certificate awarding him the Silver Star Medal, and the general order conferring that award, a copy of the aforementioned affidavit, an extract from the operations of the 2nd Battalion, and a copy of the 230TH Field Artillery Battalion message log for            6-12 August 1944.  

On 19 August 1998 the aforementioned MC recommended that the applicant’s Silver Star be upgraded to the Distinguished Service Cross.  On 12 October 1998 that same MC was informed by the Chief of the Awards Branch at the Total Army Personnel Command that that recommendation for award of the DSC was disapproved.

On 22 March 1999 the applicant forwarded to this agency a letter in which he enclosed three documents, the aforementioned affidavit, a copy of an unsolicited letter from a former company commander on Hill 314, and a copy of the aforementioned extract of the 2nd Battalion operations on 6-12 August 1944.  
(NOTE:  The copy of the unsolicited letter was not received with his letter).

Army Regulation 600-8-2 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 3-1 states, in pertinent part, that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  

Paragraph 3-7 of that regulation provides the criteria for award of the Distinguished Service Cross, and states, in pertinent part, that the Distinguished Service Cross is awarded to a person who distinguished himself by extraordinary heroism not justifying the award of a Medal of Honor.  The act or acts of heroism must have been so notable and involved risk of life so extraordinary as to set the individual apart from his comrades.

Paragraph 3-9 provided the criteria for award of the Silver Star and states, in pertinent part, that the Silver Star is awarded to a person who is cited for gallantry in action and that the required gallantry, while of a lesser degree that that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.

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 applicant’s actions in 1944 during the battle for Hill 314 are indeed noteworthy.  His actions, at some considerable danger to himself, clearly contributed to the successful defense of that position, as documented in the citation awarding him the Silver Star Medal.  The commanding general of the       30th Infantry Division stated in that citation that the applicant, “fearlessly exposed himself in moving from one observation post to another, often deliberately drawing enemy mortar, artillery, and small arms fire … His gallantry aided greatly in turning back several counterattacks.”  

2.  Nonetheless, the applicant, himself, noted that three infantry company commanders received the Distinguished Service Cross for their actions on Hill 314.  The division commander made a decision, to award the Silver Star Medal to the applicant, and apparently, to recommend those other three soldiers for award of the DSC.  The General Order awarding the applicant the Silver Star Medal also awarded that medal to other soldiers for gallantry in action.  Again, that commander made the decision concerning those awards.  

3,  The applicant’s gallantry during the struggle for Hill 314 in August 1944 is commendable and uncommon, and the award of the Silver Star exemplifies his heroism.  This Board is most reluctant to substitute its judgment concerning that award, for that of the commander in the field made over 50 years ago. Consequently, there is no reason for this Board to question the subjective judgment made to award the Silver Star to the applicant at that time.  

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

__jlp___  ___tap__  __ewl___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022100	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990617	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.		
3.		
4.		
5.		
6.