MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 May 1999       
	DOCKET NUMBER:   AR1999024490

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. James E. Anderholm		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:  Award of either the Bronze Star Medal or the Silver Star and award of the Soldier’s Medal.  

APPLICANT STATES:  That he was led to believe he would be awarded a Bronze Star Medal or Silver Star for his participation in a combat operation on
9 November 1942.  He also contends that he was led to believe he would receive the Soldier’s Medal for saving the life of a wounded soldier on 27 December 1942.  In support of his application, he submits copies of his enlisted and officer service records, a 21 November 1942 battle report, an unit citation for outstanding performance of duty in action dated 26 December 1942, a 7 June 1943 letter from his Commanding Officer in support of his direct commission, a
9 June 1943 letter from the Commanding General in support of his direct commission, a 28 July 1943 letter of commendation/citation for saving a fellow soldier’s life including a first endorsement from the Commanding General, a
7 November 1997 letter from his brother and a letter written by the applicant to his brother on 5 February 1942.        

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

The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant served in the National Guard from 30 September 1937 until he enlisted in the Regular Army on 17 August 1938.  He was honorably discharged in the rank of sergeant on 
16 August 1941.  He enlisted again on 31 December 1941, served in the European-African-Middle-Eastern Theater from 8 November 1942 to 
10 September 1943 and was honorably discharged on 10 January 1944.  On 
11 January 1944, he was commissioned a second lieutenant and entered active duty.  He was found physically incapacitated for active military service and released from active duty on 11 December 1944. 

The applicant’s Enlisted Record and his WD AGO Form 53 (Report of Separation), which were authenticated in his own hand, do not show the Bronze Star Medal, the Silver Star or the Soldier’s Medal as authorized awards.

There is no evidence in the available records which shows the applicant was recommended for or awarded the Bronze Star Medal or the Silver Star.

There is no indication in the available records that the applicant was recommended for or awarded the Soldier’s Medal. 

The applicant provided a citation, dated 28 July 1943, which shows he was commended for promptly administering first aid to a wounded soldier during a demonstration of booby traps on 27 December 1942.   

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

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.

Army Regulations 600-8-22, provides in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving conflict with the enemy.  The action must have involved personal danger or hazard and the voluntary risk of life.  Awards are not to be based solely upon the saving of a life. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

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.  Evidence of record shows the applicant’s unit received a citation for outstanding performance of duty on 9 November 1942.

2.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or received the Bronze Star Medal or the Silver Star.  Therefore, he is not entitled to these awards.  

3.  The Board noted the applicant’s contention that he was led to believe he would be awarded the Soldier’s Medal for saving the life of a wounded soldier on 27 December 1942.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Soldier’s Medal.  

4.  Also, the Board noted that the 28 July 1943 citation does not indicate the applicant’s action involved personal danger or hazard and the voluntary risk of his life.  The governing regulation states that awards are not to be based solely upon the saving of a life.  Therefore, the applicant is not entitled to award of the Soldier’s Medal.

5.  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.

6.  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

GDP____  AAO____  JEA_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024490	
SUFFIX		
RECON		
DATE BOARDED	19990512	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19441211	
DISCHARGE AUTHORITY	AR   	
DISCHARGE REASON	FOUND PHYSICALLY INCAPACITATED FOR ACTIVE MILITARY SERVICE	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.