MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           23 October 2001
	DOCKET NUMBER:   AR2001058273

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O'Shaughnessy, 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 the Bronze Star Medal (BSM) he received on 28 February 2000 for actions taken in February 1951 be upgraded to a Silver Star (SS).

APPLICANT STATES:  In effect, that his commander promised him a SS; that the personnel in the Awards Branch, US Total Army Personnel Command (PERSCOM) who directed that he be awarded a BSM were not there in Korea in 1951 and, therefore, cannot appreciate the magnitude of his deeds; that another soldier was awarded a SS in May 1951 for the same thing.

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

He served in the Army National Guard from 3 May 1948 to 1 March 1950.  On 2 March 1950, he entered the Regular Army and served until honorably discharged on 2 March 1953.  From 27 May 1953 to 1 November 1955, he served in the US Air Force Reserve.  On 7 January 1958, he was ordered to active duty for a period of 2 years.  He was separated on 13 November 1958 in order to enlist in the Regular Army for 6 years on 14 November 1958.  Thereafter, he remained on continuous active duty until separation by reason of retirement in the rank of Command Sergeant Major on 31 August 1975.  He had a total of 20 years, 8 months, and 25 days of creditable active Federal service and 27 years, 1 month, and 4 days of combined active and inactive service.

The applicant served in the Korean War.  In February 1951, he was a Private First Class assigned to the 187th Airborne Regimental Combat Team, 2nd Infantry Division.  During a combat engagement, he and his squad leader picked up a 
.30 caliber machinegun and, with one man holding the barrel and the other firing the weapon, destroyed a supply of enemy ammunition and killed approximately 60 enemy soldiers.  The applicant's records do not contain a recommendation for a decoration for this action and none was awarded.

In 1997, the applicant wrote to the Awards Branch, PERSCOM, to inquire about the SS recommendation that his commander had indicated that he would submit for the applicant's actions in February 1951.  No recommendation could be found and no General Order was ever published awarding him the SS.  On 30 March 1999, United States Senator John McCain made an inquiry on behalf of the applicant.  Subsequently, the Army Decorations Board considered the request and recommended a BSM.  The Awards Branch, PERSCOM submitted the recommendation to the Commanding General, PERSCOM, who, on 28 February 2000, approved the recommendation and directed that the applicant be awarded the BSM (with Oak Leaf Cluster) for his actions in February 1951.

Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  The regulation provides, in pertinent part, that the Silver Star (SS) is awarded 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 is required.  The Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service.  Award of the Bronze Star Medal for acts of heroism or meritorious service of a lesser degree than that required for the SS or Legion of Merit must, however, have been meritorious and accomplished with 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.  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 this requirement.

2.  The applicant's military service was long and distinguished, and was marked by many prestigious awards and decorations and attainment of the highest enlisted rank.  It is unknown what occurred following his laudatory acts in combat in February 1951.  Perhaps his chain of command never submitted a recommendation for award of the SS.  Perhaps the recommendation was submitted, but disapproved.  What is known is that the Army Decorations Board reviewed the facts and circumstances in 1999 and made a recommendation for award of a BSM to the applicant.  The Board concurs with that action.

3.  It is true that the Army Decorations Board and the Awards Branch, PERSCOM, were not present when the applicant performed his heroic deed in Korea.  However, these agencies have a wealth of experience in dealing with belated award recommendations.  Each recommendation is reviewed individually and a determination made based on the merits in a particular case.  In the applicant's case, it was determined that the BSM was an appropriate award.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__slp____  ___alr __  __teo  ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058273	
SUFFIX		
RECON		
DATE BOARDED	20011023	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0007	
2.	107.0014	
3.		
4.		
5.		
6.