MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 October 2000                   
	DOCKET NUMBER:   AR2000046450

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		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 Silver Star be upgraded to a Medal of Honor.

APPLICANT STATES:  That the leading cause that prompted his actions is missing, indicating that he was not even consulted in the preparation of the citation.  The citation errs in stating that the period of his actions commenced on 22 November 1944.  They commenced on 21 November 1944.  The citation neglects to mention the exact known locations of his actions and only states “in the vicinity of Metz, France.  The citation states that his actions took place during the attack on the fortifications.  His actions actually happened after the attack and the fortifications were minor military installations surrounding the forts and the city itself.  The fortifications and the city surrendered on 21 November 1944, not the forts themselves.  He also initially acted without prior arrangement of even the 11th Infantry Regiment and then repeated his bravery in action on different days and on separate occasions.  The citation errs in alleging that “shortly thereafter, the several garrisons capitulated.”  He was directly involved with the surrender of four garrisons/forts although his actions probably did aid in the surrender of others.  The citation fails to portray the actual facts and it misleads by relating his actions to a gallant performance of duty over a rather lengthy duration and not crediting him with the events and occurrences his actions precipitated.  He provides as supporting evidence a photo of himself; a map of Metz and surrounding forts; his Officer Qualification Record, DA Form 66; citations for the Silver Star, Bronze Star Medal and Army Commendation Medal (for the period 1962 to 1964); a newspaper article concerning his actions in obtaining maps of the Metz fortifications; order of battle notes dated                   28 November 1944; psychological warfare notes dated 28 November 1944; after action reports (AARs) dated 20, 21, 29,and 30 November and 1 December 1944; three periodic reports; and a message dated 21 November 1944.

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

After having had prior enlisted service, he was commissioned on 1 October 1942. He arrived in the European Theater of Operations on or about 9 September 1943 and served as a prisoner of war (POW) interrogator. 

(After the invasion of France, the American Army under General Patton advanced so quickly through France in its efforts to reach the German border that the advance soon outpaced supplies and his 5th Division was forced to stop. The pause in action to re-supply allowed the Germans to regroup and stage a strong defense around the fortress city of Metz, France.  Frontal attack by American infantry forces resulted in heavy casualties.  Alternate strategies to bypass the fortifications were sought.)

In early September 1944, the applicant was assigned the mission of obtaining detailed maps of the Metz fortifications.  For his successful accomplishment of this mission he was awarded the Bronze Star Medal.  Future battle plans were based upon the information he obtained.  The Metz forts were bypassed and contained.  The minor fortifications surrounding Metz and the city itself surrendered on 21 November 1944.  The 11th Infantry Regiment was then assigned the mission to contain several of those forts – Forts Blaise and Sommy, Fort St. Privat, and Fort St. Quentin.

An AAR from Headquarters, 5th Infantry Division dated 21 November 1944 shows that at 3:05 a.m. a report was made that POWs sent to talk to the commander of two of the forts (Forts Blaise and Sommy) indicated that the commander of those forts would talk to an American officer.  The applicant volunteered to go to Fort Sommy and talk to the commander.  

Information in the following five paragraphs was obtained from an affidavit given by the applicant.

The applicant stated that once he started towards Fort Sommy, the forts ceased fire which indicated to him that the commander’s invitation was sincere.  POWs had provided information as to how to avoid the land mines.  He had no reason to rely on the accuracy of that information, so when he reached the minefields he hesitated and worried over whether he should keep going or not.  He decided that since the forts commander’s sincerity was evident that perhaps the POWs’ sincerity was, also.  He weighed the risks and determined to continue.  He entered the fort and was treated rudely.  The forts’ commander had apparently received American broadcasts that his troops were to kill their officers and surrender and that if the forts did not surrender at once they, themselves, would be shot later on when they did surrender.  The commander ordered the applicant to leave the fort at once.  He did so with alacrity.  

On 22 November 1944, Colonel B___ took over command of the 11th Infantry Regiment and held a staff meeting.  At this meeting the applicant suggested someone go to the forts and meet the commanders.  Apparently the staff received his suggestion as a joke because such an action was considered suicidal.

On 25 November 1944, however, after being challenged by Colonel B___ concerning his suggestion, the applicant again volunteered to visit Fort Sommy.  This time, about halfway up to the fort he was bracketed by cannon fire.  He believed he had two options.  The one was to turn around and run back to his own lines but he felt the fort would not allow him to escape and would kill him.  The other was to take his raincoat off and turn around to show he was unarmed. After 15 to 20 minutes, there being no further cannon shots, he felt he was being permitted to continue to the fort.  He and the commander negotiated for about two hours and upon his return to his unit he advised Colonel B___ that the forts would surrender the next day.

On 28 November 1944, Colonel B___ asked the applicant to volunteer to visit Fort St. Privat but insisted he go in a tank.  The applicant was reluctant since a tank would not appear to be a peaceful approach to the fort.  About 200 yards up the road he exited from the tank and proceeded another 100 to 150 yards where he saw tripwires crossing the road.  He waved the tank to return to the lines.  He entered the fort and convinced the SS commander to surrender the following day.   

On 1 December 1944, Colonel B___ asked the applicant to visit the last fort.  He again volunteered, met with the commanding general of that fort and began to negotiate that fort’s surrender.  The general expressed the desire to meet with the applicant’s commander.  Colonel B___ and his staff, the commanding general, and the applicant met, whereupon Colonel B___ treated the general with rudeness.  The general and the applicant returned to the fort where the general informed the applicant the fort would surrender but a specific date could not be given.  The fort finally surrendered on 5 December 1944.  The applicant believed the delay was in part because of Colonel B___’s treatment of the general. 

For his actions, the applicant was awarded the Silver Star.  The citation reads in part “For gallantry in action from 22 November 1944 to 1 December 1944 in the vicinity of METZ, France.  During the attack on the fortifications surrounding the city of METZ…undertook the hazardous mission of convincing the fort commanders of the untenability of their positions.  Without prior arrangement with the enemy…braving the bursting shrapnel and concealed mine fields, strode over the exposed terrain…Shortly thereafter, the several garrisons capitulated…”

Army Regulation 600-8-22 prescribes Army policy and criteria concerning individual military awards.  It defines “gallantry and intrepidity at the risk of life” as fearless spontaneous conduct at the certain risk of life, above and beyond the call of duty, which clearly sets the soldier apart from all other comrades.  It is the minimum level of valorous performance in combat consistent with a recommendation for the Medal of Honor.  “Gallantry in action” is defined as spirited and conspicuous acts of heroism and courage.  It is the minimum level of valorous performance in combat consistent with a recommendation for the Silver Star.

On 29 October 1998 and 6 April 1999, the Army Decorations Board disapproved the award of the Medal of Honor for the applicant.

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 Board concludes that the applicant’s actions, while certainly meeting the criteria for “gallantry in action,” did not meet the higher Medal of Honor criteria for “gallantry and intrepidity at the risk of life.”  

2.  The applicant’s actions were not spontaneous and were conducted at a calculated, not certain, risk of life.   POWs had already provided information that Forts Blaise and Sommy’s German commanders were willing to discuss surrender and had also provided information on how to avoid the land mines.  He did not begin the mission until after this information was provided.  Except for the time he was bracketed by cannon fire, he was not acting under fire.  It is reasonable to presume that that commander informed the commanders of Forts St. Privat and St. Quentin of his intentions to surrender and so warned those commanders to expect an American officer to approach them.  

3.  The Board concludes that the errors on the citation are harmless and not correctable at this late date.  The change in the commencement of action from 22 to 21 November 1944 may have been a typographical error or an error, whether deliberate or not, based upon the assignment date of the new commander, Colonel B___.  In either case, the applicant’s actions on 21 November 1944 would not have been reason to upgrade the Silver Star to a Medal of Honor.

4.  The applicant should be aware that an award citation is a short synopsis of all the actions for which an individual is being recommended for an award.  The recommendation should be written up as completely and accurately as possible.  The citation, due to its brevity as a result of space limitations, is often written up to omit many of those facts.  That may lead the recipient to believe there is a distortion or inaccuracy of facts.  In addition, recipients of a proposed award are not supposed to be made aware of the fact they are being recommended, much less be consulted in writing the recommendation.  This is to prevent any misunderstandings in the event the proposed award is disapproved.

5.  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

__mkp___  __esc___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046450	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0001	
2.		
3.		
4.		
5.		
6.