MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 December 2001                   
	DOCKET NUMBER:   AR2001057138

	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. Irene N. Wheelwright		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Jose A. Martinez		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 Silver Star be added to the Report of Separation, WD AGO Form 53-55, of his deceased father, a former service member (FSM).

APPLICANT STATES:  That his father’s personal papers show an entry for the Silver Star, not a silver star in lieu of five bronze (service) stars.  If “Silver Star” were meant to denote a device or attachment for an award, it would have indicated which award it was to be displayed on.

EVIDENCE OF RECORD:  The FSM's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

The FSM was inducted and entered active duty on 8 June 1942.  He arrived in the European Theater of Operations on 10 July 1943.  He was assigned to Battery A, 401st Coastal Artillery (CA) (Anti-Aircraft) (AA) Battalion and departed the theater on 11 May 1945.  He received campaign credit for five campaigns.

On 9 August 1945, the Army Service Forces, Ninth Service Command SCU (acronym unknown) 1916, Army Ground and Service Forces, Redistribution Station indicated the FSM had been awarded the Army Good Conduct Medal, the European-African-Middle Eastern (EAME) Theater Ribbon with five bronze (service) stars, four overseas bars, and one service stripe.

On 21 August 1945, the Army Service Forces, Fifth Service Command, 1560th SCU, Separation Center requisitioned the Army Good Conduct Medal and the “Silver Star” for the FSM.

The FSM separated on 23 August 1945.  The EAME Theater Ribbon with five bronze service stars, the Army Good Conduct Medal, and the Rifle Sharpshooter Badge are listed on his WD AGO 53-55.

A review of the historical files of the 401st CA (AA) Battalion shows the FSM was assigned to Battery A and that he was awarded the Army Good Conduct Medal on General Orders 11 dated 8 August 1944 and the Driver’s Badge on General Orders 12 dated 8 September 1944.  The 401st was required to submit a Monthly Unit Historical Report which was forwarded through the Commanding General, Fifth U. S. Army, to the Adjutant General’s Office, Washington, District of Columbia.  The unit was first activated as the 401st Separate Coastal Artillery Battalion (Antiaircraft) (Mobile) on 1 April 1942, reorganized as the 401st Antiaircraft Artillery Gun Battalion on 18 February 1944, and redesignated as the 401st Antiaircraft Artillery Gun Battalion, (Type A) effective 1 July 1944.  These reports show whether there were former or present members who distinguished themselves in action, listed by name, service number, engagement, act, and type of award.  A review of these reports and other documents failed to show the FSM’s entitlement to award of the Silver Star.

Army Regulation 600-8-22 provides for award of the Silver Star for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  It provides for the wear of a bronze or silver service star on campaign and service ribbons to denote campaign credit.  A silver star is worn instead of five bronze service stars.

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.  A thorough review of the 401st CA (AA) Battalion’s historical files provided no evidence to show the FSM was awarded the Silver Star.

2.  On 9 August 1945, the Ninth Service Command, SCU 1916 indicated the FSM had been awarded the Army Good Conduct Medal, the EAME Theater Ribbon with five bronze stars, four overseas bars, and one service stripe.  On    21 August 1945, the Fifth Service Command, 1560th SCU, Separation Center indicated that the FSM would receive the Army Good Conduct Medal and “Silver Star.”  In light of the absence of evidence in unit historical files to show the FSM was awarded the Silver Star, the Board presumes that the 1560th SCU, Separation Center meant a silver service star, in lieu of five bronze service stars, to be worn on the FSM’s only service medal, the EAME Theater Ribbon.

3.  The FSM was awarded the Driver’s Badge but it is not listed on his WD AGO Form 53-55.  The Army Review Board Agency’s Support Division will be requested to administratively correct his records to reflect award of the Driver’s Badge.

4.  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 FSM’s WD AGO Form 53-55 does not list his Driver’s Badge.  Therefore, the Army Review Boards Agency, Support Division, will be directed to amend his WD AGO Form 53-55 to add the Driver’s Badge. 

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__inw___  __tl____  __jam___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057138	
SUFFIX		
RECON		
DATE BOARDED	20011218	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0007	
2.		
3.		
4.		
5.		
6.