MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            30 March 2000                  
	DOCKET NUMBER:   AR1999028707

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis 		Chairperson	
	Mr. Hubert O. Fry, Jr.		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:  That his Bronze Star Medal with “V” Device be upgraded to award of the Medal of Honor.  

APPLICANT STATES:  That he was promised the Medal of Honor by his executive officer for his heroic actions on 8 August 1944.  He states that he did not think it was proper or appropriate that he ask for the award of the Medal of Honor since it was promised to him by his executive officer.  He also contends that instead of the Medal of Honor he received the Bronze Star Medal with “V” Device. 

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

The applicant was inducted in the Army of the United States on 28 February 1941.  On 20 November 1942 he was honorably discharged to accept an appointment as a second lieutenant.  He entered active duty on 21 November 1942 and served as an infantry unit commander in the European-African-Middle Eastern Theater from 17 October 1943 until he was seriously wounded in action on 8 August 1944 and transferred back to the United States on 28 October 1944 for treatment.  On 17 March 1946 the applicant was discharged by reason of physical disability. 

The applicant’s WD AGO Form 53-55 (Military Record and Report of Separation), which was authenticated in his own hand, does not show the Medal of Honor as an authorized award.    

There are no orders in the applicant’s service personnel records which show that he was awarded the Medal of Honor.  There also is no evidence in his records that he was recommended for award of the Medal of Honor.

On or about 21 January 1999, a recommendation for award of the Medal of Honor was submitted under the provisions of Section 1130, Title 10, United States Code, by a Member of Congress to the Secretary of the Army for consideration.  On 18 February 1999, the Army Decorations Board determined that the degree of the applicant’s heroism did not meet the criteria for an award of the Medal of Honor.  However, the Commanding General, United States Total Army Personnel Command, on behalf of the Secretary of the Army, approved the Bronze Star Medal with “V” Device for the applicant’s heroic actions on 8 August 1944.  Pursuant to this action, permanent orders and a certificate were published announcing the award.  

Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.

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.

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.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for award of the Medal of Honor by his chain of command at the time of the applicant’s actions on 8 August 1944.   

2.  Evidence of record in this case shows that an award recommendation for the Medal of Honor was considered by the Army Decorations Board in 1999.  The Army Decorations Board determined that the degree of the applicant’s heroism did not meet the criteria for award of the Medal of Honor.  However, the Commanding General, United States Total Army Personnel Command, on behalf of the Secretary of the Army, approved award of the Bronze Star Medal with “V” Device for the applicant’s heroic actions on 8 August 1944.   

3.  This Board considered all information submitted and all available evidence of record in this case and found no compelling evidence which warranted upgrading the applicant’s award of the Bronze Star Medal with “V” Device to the Medal of Honor.  Therefore, the Board determined award of the Bronze Star Medal with “V” Device was the appropriate recognition for the applicant’s heroism on
8 August 1944.

4.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the heroism and sacrifice by the applicant in service to the United States.  His actions on 8 August 1944 were recognized with an award of the Bronze Star Medal with “V” Device for heroism in action against an armed enemy and the applicant and all Americans should be justifiably proud of his service in arms and the recognition of his heroism.

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

BJE_____  HOF____  EWL____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028707	
SUFFIX		
RECON		
DATE BOARDED	20000330	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460317	
DISCHARGE AUTHORITY	Paragraph 51 SO 224 Percy Jones Hospital Center Fort Custer Michigan Dated 14 December 1945	
DISCHARGE REASON	Physical Disability	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0001	
2.		
3.		
4.		
5.		
6.