MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           2 November 2000                  
	DOCKET NUMBER:   AR2000043707

	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. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Mr. Ted S. Kanamine 		Member	
	Mr. William D. Barr 		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 the Medal of Honor be awarded his former battalion commander, a former service member (FSM), now deceased, for his actions during World War II during the period 14 April to 17 April 1945.  

APPLICANT STATES:  That the FSM be awarded the Medal of Honor for his repeated acts of bravery in Italy in the final days of the war.  He stated that decisions are being made based on awards granted in earlier situations, and that the acts the FSM performed prior to being wounded are the ones for which he should be awarded the Medal of Honor.  He stated that the FSM earned this honor, and that he [the applicant] made the recommendation; however, it became lost during the demobilization following the end of the war.

The applicant forwards copies of two newspaper articles, one dated                    13 May 2000, indicating that 21 Asian-American veterans of World War II would belatedly receive the Medal of Honor for their actions during the war, and the second concerning a black American who was posthumously awarded the Medal of Honor in 1997 for his actions with the black 92nd Infantry Division during the war.  He enclosed the second article in a letter to a member of congress (MC), stating that that article was one of a continuing series about the 92nd Division, and that one award instigated a recommendation which resulted in seven soldiers of the division receiving a Medal of Honor.  The applicant states in effect, that his former battalion commander was as deserving as those individuals.

The applicant provides a narrative recommendation for award of the Medal of Honor to the FSM, summarized herewith.

On 14 April 1945 the FSM was the commander of the 2nd Battalion, 86th Mountain Infantry Regiment of the 10th Mountain Division during the final allied offensive in northern Italy.  During the attack involving his unit, his leading company experienced heavy casualties and was pinned down.  The FSM, after learning that the company commander was killed, immediately dispatched his S-3 officer to take command of the company.  Shortly thereafter, that officer was himself seriously wounded.  The FSM began a series of personal exploits which continued for several days and nights, with himself [the applicant] and the FSM neither sleeping or ceasing the attack for over four days.  

Realizing the attack was stopped and that the momentum was in danger of being lost, they (the applicant and the FSM) proceeded down to the company’s position, under constant enemy fire, radioed locations of various mine fields and weapons locations to assist following units, and rallied the demoralized infantrymen.  Through his exemplary leadership and courage, his aggressive action and fearlessness, and leading by example, the attack was resumed and the attacking units secured all the objectives for that day, turning a possible defeat into a magnificent victory.  Time and time again he was the only man, along with the radio operator and himself [the applicant] who were on their feet.  He continued to encourage and reassure his men.  

Once his attacking troops were secure he led the reserve company through the heavily mined area.  Throughout the night he continued to rally his battalion, buoying the spirit of the fighting units, inspiring everyone.  Resuming the attack the next day, the battalion reached its objectives.  Learning that the companies following the attack were pinned down by intense fire from a ridge, the FSM and a small team moved back to the stalled companies.  When his party was stopped by heavy sniper fire, the FSM, with complete disregard for his own safety, deliberately exposed himself to draw the fire, standing out in the road challenging the enemy fire, and engaged that person in a fire fight, silencing the sniper.  The actions so impressed the men that they resumed the initiative and secured their objectives. 

When informed that Italian troops assigned to leading the pack mules had bolted, the FSM and the applicant spent several hours rounding up the animals, ensuring that the troops would have fresh water and ammunition for the remainder of the day and that night.

During the attack the next day the FSM accompanied the attacking companies, under heavy fire.  His presence encouraged units other than his own, and the surge of confidence which was felt contributed vitally to the early capture of two hills.  At one point the FSM and the applicant arrived on the summit of a mountain before the attacking troops had secured it.  The spirit of the attacks broke the main line of resistance of the enemy resulting in the capture of the mountain.  

The next day, after three days and nights of combat, the FSM kept his battalion moving at a terrific pace, continuing by jeep with the attacking echelons.  The FSM, the applicant, and the jeep driver moved forward, and while waiting for one of his company commanders, were immediately subjected to sniper fire.  After issuing his attack order to the company commander, the FSM, without waiting for the attack to begin, directed the jeep driver and the applicant to accompany him down a small country road that was obviously mined [every fifty yards or so there were signs stating, “ACTUNG MEINEN” warning German soldiers of the mines).  Nevertheless, they barreled down the road, and made it to the town.  The jeep was hit by German artillery fire, mortally wounding the driver.  The FSM and the applicant rushed to help the driver, to pull him out of the wreckage of the jeep, when another shell came in blowing the jeep to pieces, and severely wounding the FSM.  Ignoring his own wound, even though bleeding profusely from his throat and mouth, the FSM kept telling the applicant to check their security.  Finally, the severe loss of blood caused him to faint.  In order to evacuate him, a soldier had to hold his head up to keep him from strangling in his own blood. 

The applicant states that he should have been awarded the Medal of Honor and that he tried many times to obtain that award for the FSM.  He states that the incredible displays of courage and selflessness of the FSM were an inspiration to every man who knew him.  The FSM only knew one thing and that was if he could get the Germans off balance, we could win the war, and that is what he did. The impact of his actions was immediate, in that based upon the battalion’s progress, the division commander decided to continue the attack the next day with the objective of crossing the Po River.  The division commander stated that the Germans were reeling and he intended to exploit the advantage.  We did, and continued north until the Germans surrendered in May 1945.

The applicant provides information concerning the general conditions of the battle area, indicating that the terrain was mountainous and that hostile observation dominating.  He indicated various types of enemy fire, to include artillery, mortars, minefields, machine guns, and small aircraft; and heavily fortified defenses.  Causalities were severe.  All objectives were captured.  The enemy was demoralized by the attack.   

The applicant provides cassette tapes with his request.  In one of those tapes, he is addressing his former battalion commander (who is apparently very ill in a hospital at that time), reminiscing, recalling their first meeting, their subsequent assignment together in Italy, their experiences, the FSM efforts in shaping and disciplining the battalion.  In that tape, he openly express his admiration, respect, and affection for his former commander.  Another tape provides information concerning an incident in which he and his commander had approached a house with German motorcycles parked outside, and their unsuccessful attempt to roust German soldiers from a bunker; their sojourn to a hill occupied by German soldiers, only to discover that soldiers of the battalion had recently captured the German soldiers.  He describes his former commander as fearless, with no regard for his personal safety, an officer whose sole purpose was to get the job done.  He states that there was no soldier who did and accomplished  what the FSM did, and that his former commander did all that Audie Murphy did.
He talks about his efforts to establish a memorial to his former commander, and about the problems he was experiencing with [the 10th Division Association?] in properly recognizing his former commander.  He provides one tape, which is supposedly that of his former commander speaking from a hospital.  That tape is incoherent.

EVIDENCE OF RECORD:  The military records of the FSM show:

The FSM had over 35 years of distinguished service, both in the enlisted and officer ranks, advancing to the rank of colonel prior to his retirement in 1966.  His awards include the Distinguished Service Cross, the Silver Star, the Purple Heart, the Legion of Merit, the Bronze Star Medal with oak leaf cluster, the Army Commendation Medal with oak leaf cluster, the Combat Infantryman Badge, and the Italian Cross of War Merit. 

On 18 June 1945 the applicant was awarded the Silver Star for his gallantry in action during the period 14 April 1945 to 16 April 1945, near Roocco di Roffeno and Monte Pastore, Italy.  The General Order citing the award shows that the FSM led his battalion to the front of an attack against a fiercely resisting enemy during the final offensive in Italy.  His battalion spearheaded the division offensive.  Under terrific enemy fire, which pinned down several elements of his force, he went from unit to unit, urging them forward.  When mine fields were encountered, he placed himself at the head of his troops, leading them through the dangerous area.  On two occasions, when large sections of his battalion were pinned down, he was the only man to remain upright, moving though the heaviest fire, and inspiring his troops to continue forward.  For more than two days he continued without rest, pressing the attack forward.  In the attack on a mountain village, he planned and supervised the assault, personally occupying an observation post, far in advance of the most forward units, braving mine fields and terrific enemy fire.  When moving through the newly captured town, he was wounded in the neck by shrapnel, but would not allow himself to be evacuated until he had given orders for the continuation of the offensive.   

On 26 February 1946 an Air Corps colonel, an observer, recommended that the FSM be awarded the Distinguished Service Cross for extraordinary heroism for his actions during the period 14 April 1945 through 17 April 1945.  That recommendation, in many respects, is similar to the statements made by the applicant in his request to this Board and is similar to the information contained in the General Order awarding the FSM the Silver Star.  The February 1946 recommendation, however, is somewhat more detailed and is in fact more laudable than those two documents, although many of the words and phrases are the same.  

On 29 April 1946, in a letter to the former commanding general of the               10th Mountain Division, the Air Corps colonel stated that he desired to initiate the recommendation for award of the Distinguished Service Cross for the FSM, stating that he had been assigned to the 2nd Battalion during the action, and was with the FSM most of the time until he was wounded.  He stated that the FSM was deserving of recognition for heroic action under extremely hazardous conditions.  He requested that the former 10th Mountain Division commander endorse the recommendation.   

On 29 June 1946 the FSM was awarded the Distinguished Service Cross for extraordinary heroism against the enemy in Italy from 14 April to 17 April 1945. 

In a 28 April 2000 letter, the Total Army Personnel Command (PERSCOM) Military Awards Branch, informed a member of congress (MC) that the recommendation for reconsideration for award of the Medal of Honor for the FSM was disapproved.  The PERSCOM stated that the Army Decorations Board determined that the degree of action and service rendered did not meet the criteria for award of the Medal of Honor.  It also stated that based upon a review of the documents enclosed with his [MC] new inquiry, there was no new substantive evidence that was not previously considered by the Army Decorations Board.  The MC was further informed that should the applicant feel that the decision was unfair or unjust, he should apply to this Board for relief.

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 conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States.  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 risk of life.  Incontestable proof of the performance of the service will be exacted and each recommendation for the award will be considered on the standard of extraordinary merit.

The Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguished himself by extraordinary heroism not justifying the award of the Medal of Honor, while engaged in an action against an enemy of the United States.  The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his comrades.

The Silver Star is awarded to a person who, while serving in any capacity with the 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.  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 narrative notwithstanding, he has provided neither evidence nor a convincing argument to warrant this Board to award the Medal of Honor to the FSM, his former battalion commander.  The Board recognizes the valor, courage, and extraordinary heroism displayed by the FSM in 1945 while leading his soldiers under extremely hazardous conditions during four days described.  The Board also acknowledges the acts of personal bravery exhibited by the FSM at the risk of his own life.

2.  The FSM was awarded the Silver Star for his gallantry in action for the period 14 April 1945 to 16 April 1945; and the Distinguished Service Cross for extraordinary heroism from the period 14 April 1945 to 17 April 1945. The Air Corps officer, who stated that he was with the FSM, felt that the award of the Distinguished Service Cross was appropriate.  The applicant, who states that he also was with the FSM, feels differently.  The Board notes that the recommendation made by the applicant is similar in many respects to the narrative citation awarding the FSM the Silver Star and the recommendation made by the Air Corp officer for award of the Distinguished Service Cross.  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.  Commanders at that time, or shortly thereafter, determined that the actions of the FSM were so extraordinary and so noteworthy that he was deserving of the Silver Star, and then the Distinguished Service Cross, the second highest decoration for valor that this country can bestow.  Fifty-five years have passed since the events that occurred in April of 1945 and this Board is most reluctant to substitute its judgment for that of those officials made so many years ago, when there appears to be no error or injustice.  He was awarded both the Silver Star and the Distinguished Service Cross for his actions.  The Board believes that the award of the Distinguished Service Cross for his actions is appropriate, and his deeds over a four day period while extraordinary and heroic, do not warrant award of the Medal of Honor.  

3.  The Board notes the information provided by the applicant concerning the belated awards of the Medal of Honor to other soldiers who acted heroically during World War II.  

4.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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 that 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

___fne___  ___tsk___  ___wdb_  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000043707	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001102	
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.  47	107.01	
2.		
3.		
4.		
5.		
6.