MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           22 February 2001                  
	DOCKET NUMBER:   AR2000044304

	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. Raymond V. O’Connor 		Chairperson	
	Mr. Ted S. Kanamine 		Member	
	Mr. Stanley Kelley 		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 he be awarded the Medal of Honor, three Silver Star Medals, the Purple Heart, three Bronze Star Medals, the Presidential Unit Citation, and numerous service stars.  He also requests that he be issued the American Campaign Medal, the World War II Victory Medal, Rifle badges, the Army Good Conduct Medal, and the Honorable Discharge lapel pin.   

APPLICANT STATES:  In a letter to a member of congress (MC), the applicant stated that his citation for the Bronze Star Medal in December 1944 and the Silver Star for January 1945 are different, and that the assumption that the citations are one and the same, and are only for the Bronze Star, is not so.   

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

Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's consideration of his case on         5 May 1999 (AR1999021057) in which he requested the Medal of Honor and the Silver Star.

Enclosed with the applicant’s request are numerous additional evidence he submits:

•	A copy of a newspaper article from “The Lakeland Times,” dated                   26 May 2000.  That article stated that the applicant had received a Bronze Star, an oak leaf cluster, and a “V” for bravery in the mail in mid-April, with no explanation, just a short notice that the Army Review Boards Agency had authorized the awards, and that nothing would follow.  The article went on to say that the applicant had been trying to obtain the award of the Medal of Honor since his discharge; and that through the efforts of his son, he was awarded a second Bronze Star with oak leaf cluster and “V” for valor and a second Purple Heart in 1982.  Another newspaper article from the “Globe” provides essentially the same information, but also included a quote from a MC, who stated that “The Army informed me that they had reviewed his request and they made a determination on awarding (the applicant) the Medal of Honor.  The Army then decorated him for his actions with a lesser award.”  The article also question why the Army could make a determination without the applicant’s military record.  The applicant is quoted in this article as saying, “for over 50 years (the Army) said they had nothing on record about me as a medal winner.  Now, they reviewed the material on the Medal of Honor and have downgraded it to a lesser award.”
•	A copy of a certificate awarding him the Purple Heart for wounds received in action on 8 December 1944; a copy of a certificate awarding him the Bronze Star Medal with “V” device for heroism on 17 August 1944; and a copy of a certificate awarding him the Bronze Star Medal with “V” device for heroism from 5 December to 11 December 1944.  These certificates were all dated   16 February 1982.  
•	A copy of a 20 March 2000 letter from the Total Army Personnel Command (PERSCOM) to a Veteran Service Officer (VSO) in Eagle River, Wisconsin, in response to his letter to the President, requesting that the Medal of Honor be presented to the applicant.  That command informed the VSO that the recommendation for an award of the Medal of Honor to the applicant had previously been referred by a MC, and the Army Decorations Board determined that the degree of action and service rendered did not meet the criteria for the award.  The recommendation was disapproved.  The VSO was informed that the applicant could appeal to this Board.
•	A copy of a 25 May 1999 letter from the applicant to this agency in which he         disputes much of the statements made in the 5 May 1999 Board                           proceedings.              
•	Copies of correspondence between the applicant, this Board, a MC, and another individual concerning the supposed downgrading of the applicant’s recommendation for a Medal of Honor to a lesser award.  A copy of a September 1999 letter from the applicant to this Board concerning award of the Medal of Honor, and his invitation to attend an American Legion convention because he was a Medal of Honor winner.
•	A 1998 letter from the applicant’s sister-in-law, in which she stated that the applicant had been missing in action during World War II, but she learned later that he had been captured and escaped, but suffered a severe foot injury.
•	A copy of a 24 September 1998 letter to a MC from a former officer, who stated that the battalion’s records [to include those of the applicant] might have been destroyed or dumped in the river to prevent the enemy from obtaining them.  He recommended the applicant be given consideration for award of the Medal of Honor.  A copy of two other letters, one dated             29 September 1998 and the other 21 August 1998, supported the applicant’s quest.
•	A copy of a 7 October 1985 letter from the applicant’s former battalion commander, in which he stated that he was closely acquainted with the applicant, that the applicant had often accompanied him on dangerous missions, and that the applicant had contacted pneumonia on one occasion, and carbon dioxide poisoning on another.
•	A copy of a 26 June 1975 VA report of medical examination which indicates that the applicant was wounded on 8 December 1944.  
•	A copy of an article concerning the applicant’s wartime heroics, indicating that the applicant had been wounded three times, was award the Silver Star, the Bronze Star with two oak leaf clusters, and both the personal and unit presidential citations.
•	A copy of a 12 February 1945 after action report of Headquarters 160th Engineer Battalion showing that the applicant was awarded the oak leaf cluster to the Bronze Star Medal per Section III, GO 6, Headquarters XII Corps; and a copy of a 13 February after action report showing that the applicant was selected to be assigned to a depot for further temporary duty at Camp Atterbury, Indiana for 30 days’ rest and recuperation.
•	A copy of a 17 March 1987 letter from the Army Corps of Engineers informing the applicant that the records of the 160th Battalion were incomplete in that the after action reports for December 1944 and January 1945 were missing. The applicant noted on that letter he had received four Bronze Star Medals during that period.
•	A copy of a 17 February 1987 letter from the American Legion to the applicant expressing regret for the confusion surrounding the applicant’s handwritten name appearing on a list of Medal of Honor winners, and that a detailed research of the official list of all of the winners of the Medal of Honor failed to disclose his name.  A copy of a 20 October 1986 letter from the Army Military Personnel Center informing a MC that a detailed review of the applicant’s service record failed to show that he was recommended for or awarded the Medal of Honor, and that the official Army Medal of Honor Roll was reviewed and the applicant’s name was not on the list.
•	A 1 January 1986 statement from the applicant’s nephew indicates that in 1946 he accompanied the applicant to Washington, D.C. where the applicant was to receive the Medal of Honor.  His uncle was informed that his records were not available, and after two days he was told to go back to Indiana.
•	Copies of newspaper articles, photographs, and letters referring to the applicant as a Medal of Honor recipient.
•	A copy of a 22 October 1955 letter from his former battalion commander in which that person stated that he found out that the records of the 160th were dumped into the Marne River.
•	A copy of a list of purported Medal of Honor recipients by state, showing the applicant’s handwritten name added to a typed list of names.  A copy of a     25 February 1987 American Legion letter informing the applicant that each name, except his, was listed in the Congressional document, and the author of the list could not be determined.
•	A copy of a 27 May 1945 letter to the applicant informing him of the awards that he had earned, e.g., two Bronze Star Medals, the Purple Heart, and three bronze service stars.
•	A copy of a 2 March 1945 article from the Lowell District High School “Lowellette” indicating that the applicant had been awarded a Presidential Citation.
•	A copy of a 9 February 1945 order directing the applicant to report to a depot on 13 February 1945 for transportation and TDY to Camp Atterbury, Indiana for 30 days’ rest and recuperation.
•	A copy of a 28 October 1944 newsletter, “The Gander,” showing the award of the Silver Star to two soldiers of Company C for gallantry in action; and the award of supposedly the Silver Star for 19 soldiers for heroic service.  There are blank spaces opposite the words “For Heroic Service,” unlike that opposite the words “For Galantry (sic) in Action,” which is preceded by the words, “SILVER STAR”.
•	A copy of an insert [apparently to his military record] added on                       25 January 1945, which shows that he was awarded the oak leaf cluster to the Bronze Star Medal, and also some difficult to read entries, purporting to show the applicant was awarded two Silver Stars, which were not presented. 
•	A copy of a 7 February 1990 letter from a MC to a VSO in which the MC stated that it would not be fruitful to pursue the matter of the Medal of Honor for the applicant, indicating that the Army may well have lost the applicant’s records.      
•	A copy of notes from the applicant in which he provided a complete copy of the general order awarding him the Silver Star.  He stated that general order clearly shows that his name was not listed on page 6 as having been awarded the Bronze Star Medal, but was listed on page 4 as having been awarded the Silver Star.
•	A copy of that general order, showing a table of contents:  Section I, Award of Silver Star Medal (Posthumously); Section II, Award of Silver Star Medals; Section III, Award of Oak Leaf Clusters to Bronze Star Medal; Section IV, Award of Bronze Star Medals (Posthumously); Section V, Award of Bronze Star Medal (Missing in Action); Section VI, Award of Bronze Star Medals; and so on.  The general order then goes on to list those who were awarded the Silver Star, Bronze Star Medal, etc., prefaced in the body of the general order by the appropriate award title,  and describes the action for which they received the award.  Each award of the Silver Star begins with the lead line, “distinguished himself by gallantry in action,” in Sections I and II.  Entries on the bottom of page 3 and the top of page 4 (that page which contains the applicant’s name) appear to have been “whited out,” and the continuation of the awards begins with the lead line, “distinguished himself by meritorious service,” and then, “distinguished himself by heroism” (as in the applicant’s case).  The general order goes on to list those who were awarded the Bronze Star (Posthumously) in Section IV.  The words depicting “Section III, Award of Oak Leaf Clusters to Bronze Star Medal,” are missing from the body of the general order.  

The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge), and his Honorable Discharge Certificate show his unit as Headquarters and Service Company, 160th Engineer Combat Battalion.  His discharge document also shows that he was awarded the European-African-Middle Eastern Campaign Medal with two bronze service stars, the Army Good Conduct Medal, the Purple Heart, the Bronze Star Medal with one oak leaf cluster, and the lapel button, which was issued.  That document shows he was awarded badges for the submachine gun, the rifle, and the carbine.  It shows that he was wounded in action on 8 December 1944.  That document also shows that he had 8 months and 15 days of foreign service, arriving in the European Theater of Operations on 3 July 1944.  His date of departure is unknown, but it shows he arrived in the United States on 11 March 1945.  His discharge document does not show award of the American Campaign Medal, the World War II Victory Medal, or an Honorable Discharge lapel pin. 

On 5 March 1998 PERSCOM notified a MC that the award recommendation for the Medal of Honor for the applicant that he submitted had been disapproved.  On 25 August 1998 another MC was provided information concerning the applicant’s recommendation for award of the Medal of Honor, and he was also informed that the recommendation was disapproved.  On 11 May 1999 the first mentioned MC was informed by PERSCOM that the additional documentation provided, failed to provide additional eyewitness accounts of the applicant’s actions on the battlefield; and therefore, that agency declined to reopen his case. On 17 July 2000 PERSCOM replied to the applicant’s plea to the President, informing the applicant that he had not provided any new substantive evidence that was not previously considered by the Army Decorations Board, and in effect, declined to reopen his case.

Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 1-46 provides provisions for the original issue or replacement of Army medals, and states in pertinent part that Army medals are presented without cost to an awardee.  Replacement of medals or service ribbons for individuals not on active duty may be made at cost price.  Requests for medals should be made to the National Archives Records Administration, ATTN:  NRPMA-M, 9700 Page Avenue, St. Louis, Missouri 63132-5200.

Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

Paragraph 6-15 provides for award of lapel buttons for service to include the Honorable Service Lapel Button (World War II Victory Medal), and the Army Lapel Button for service after 1 April 1984.  There is not listed an Honorable Discharge lapel pin.

Paragraph 7-12 provides for award of the Presidential Unit Citation to units for extraordinary heroism in action against an armed enemy occurring on or after     7 December 1941.  Prior to 3 November 1966 that award was known as the Distinguished Unit Citation.  DA Pamphlet 672-1 contains a list of units that were awarded the Presidential Unit Citation.  That pamphlet shows that Company B alone of the 160th Engineer Combat Battalion was awarded the Presidential Unit Citation.   

Table B-1 lists the World War II campaigns in the European Theater of Operations (ETO).  It lists six campaigns, other than those in North Africa and Italy - Normandy, Northern France, Southern France, Rhineland, Ardennes-Alsace, and Central Europe, with the Normandy campaign ending on                  24 July 1944 and the last campaign in Central Europe beginning on                   22 March 1945.  The applicant was in the ETO from 3 July 1944 to sometime in February 1945, and  more than likely served in four of those campaigns – excepting the campaigns in Southern France and Central Europe.    

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 is not entitled to award of the Medal of Honor, notwithstanding the various documents he has submitted.  The evidence clearly shows that the recommendation of the Medal of Honor submitted on behalf of the applicant was not downgraded to a Bronze Star Medal by PERSCOM, but  simply disapproved in February of 1998.  Furthermore, there is no evidence that he received that award or was recommended for that award, despite his contention that he traveled to Washington, D.C. in 1946 to receive that award, and despite the invitation to him by the American Legion to attend their convention based on their belief, a belief which turned out to be misguided, that he was a Medal of Honor recipient.  

2.  There is no evidence, nor has the applicant submitted any, to show that he was awarded the Silver Star or that he was recommended for that award.  The Board notes the 25 January 1945 insert to his military record, which purports to show that he was recommended for two awards of the Silver Star.  The handwritten words on that insert depicting recommendations [or awards] of the Silver Star are unreadable and inconclusive.  Nevertheless, were they clear and conclusive, a handwritten entry on a military record is not evidence of an award or a recommendation thereof.  Furthermore, the applicant’s contention that the copy of the general order and the copy of the newsletter, “The Gander,” that he submitted with his application, shows that he was awarded the Silver Star, is not accepted by this Board.  Both of those documents are inconclusive.  The applicant is not entitled to award of the Silver Star. 

3.  The applicant was wounded in action in Germany on 8 December 1944, for which he received the Purple Heart.  There is no evidence, nor has the applicant submitted any, to show that he was wounded in action other than that one occasion.  He is not entitled to any more awards of the Purple Heart. 

4.  The applicant’s records were corrected by the Board’s decision on                  5 May 1999 to show that he was awarded the Bronze Star Medal (one oak leaf cluster) with “V” device.  There is no evidence, nor has he submitted any, to show that he was awarded or recommended for award of any Bronze Star Medals, other than those two.  He is not entitled to any more awards of the Bronze Star Medal.

5.  The unit to which the applicant was assigned was not awarded the Presidential Unit Citation.  He is not entitled to that award.

6.  The applicant was awarded and issued the lapel button.  There is no such award as the Honorable Discharge lapel pin.

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

8.  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.

9.  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.

NOTE:  The Army Review Boards Agency in St. Louis will be requested to correct the applicant’s record to show award of the World War II Victory Medal, the American Campaign Medal, and the European-African-Middle Eastern Campaign Medal with four bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___sk____  ___tsk___  ___rvo__  DENY APPLICATION

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

INDEX

CASE ID	AR2000044304	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222	
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.  46	107.00 	
2.	107.01	
3.		
4.		
5.		
6.