PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 March 2000                 
	DOCKET NUMBER:   AR1999026376

	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.  W. E. Schnupp		                      Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		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 on behalf of her late father, the former service member (FSM) that he be recognized for his actions on Anzio beachead during World War II.

3.  The applicant states that the FSM led a detachment of his men through a screen of exploding enemy shells to extinguish flames threatening an ammunition storage depot on the Anzio beach during World War II.  The FSM and his men extinguished the flames while under enemy fire saving the depot.  The applicant contends that the FSM’s actions demonstrated conspicuous heroism for which, to her knowledge, he was never recognized.  She believes that his actions were well above what was expected of him and equivalent to actions for which other soldiers in World War II and Vietnam were awarded the Silver Star or Navy Cross.

4.  In support of her request, she provided a copy of the FSM’s WD AGO Form 53-55, Enlisted Record and Report of Separation, a copy of the newspaper article describing the FSM’s heroic actions and copies of his obituary notices from local newspapers.

5.  The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents provided by the applicant.

6.  The FSM enlisted on 3 August 1942 at age 37.  He served in the European Theater of Operations from May 1943 to August 1945 as an ordnance (ammunition) NCO and was honorably discharged on 28 August 1945 in the grade of technical sergeant.  Awards reflected on his WD AGO Form 53-55 include the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal and the Honorable Service Lapel Button.  Based on a request to the US Army Reserve Personnel Command, it was determined that he was also entitled to the American Campaign Medal and the World War II Victory Medal which were issued on 28 August 1997.

7.  The newspaper article describing the FSM’s actions indicates that it was based on a dispatch from the press censor’s office of Fifth Army Headquarters in Italy.  The article reports that the FSM and his five-man ordnance crew saved a huge Fifth Army ammunition depot from flames on the Allied Fifth Army’s Anzio beachead.  “Crawling through a screen of exploding shells, the FSM led his men to within five feet of the flaming ammunition.  Braving death the men 

extinguished the fire before it spread to the vast field of ammunition nearby.  The enemy continued shelling the area during the FSM’s fire-fighting but none of his crew received injuries.  The FSM and his men have been praised by their commanding officer for their heroism in saving large supplies of valuable ammunition.”

8.  Army Regulation 600-22-8, Military Awards, provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  Awards may be made for acts of heroism, meritorious achievement or meritorious service.  A ”V” device is worn to denote an act of heroism.

9.  The same regulation provides that the Silver Star is awarded to a person, who while serving in any capacity with the US Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.

CONCLUSIONS:

1.  Unfortunately, absent the FSM’s records, it is not possible to determine whether he was ever recommended for or received an award for his action on Anzio beach.  In fact, it could be argued that other than the newspaper article’s allusion to the events in question, there is no official confirmation that the events occurred as reported.

2.  Nonetheless, there is no reason to disbelieve the article’s reference to the dispatch being received from the censor’s office of Fifth Army Headquarters.  The only question becomes what level of recognition, if any, is appropriate.  As a general rule, 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 on the ground at the time.  

3.  While the FSM’s actions on Anzio beach are worthy of recognition, based on the evidence available, the Board is of the opinion that the leadership and heroism he displayed that day should be recognized with the Bronze Star Medal with “V” device.  His actions, while unquestionably commendable, would appear to be more consistent with this award rather than the Silver Star.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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 with “V” device for valor during combat operation in World War II.

BOARD VOTE:  

_gdp ___  _mmd ___  _js _____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__George D. Paxson________
		        CHAIRPERSON

INDEX

CASE ID	AR1999026376	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000301	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.