MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            8 January 2002                  
	DOCKET NUMBER:   AR2001060641

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Terry L. Placek		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 for Valor be added to his DD Form 214.

APPLICANT STATES:  That he was recommended for the award but it was never awarded to him.

In support of his request, he submits a copy of a recommendation for award of the Bronze Star Medal (BSM) for Valor with accompanying supporting documents and endorsements/notes returning the recommendation for further information, and a copy of his DD Form 214, Report of Separation. 

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

He was inducted on 24 November 1952, served in Korea, was promoted to the grade of sergeant and was retired for permanent disability (poliomyelitis) on 31 January 1955.

His awards include the National Defense Service Medal, the Korean Service Medal with 1 Bronze Service Star, the United Nations Service Medal and the Republic of Korea Presidential Unit Citation.

The applicant’s record contains no evidence of any award recommendations.  However, documents he has submitted with his application show that a recommendation for award of the BSM for Valor was prepared on 17 March 1954, for events that occurred on 18-19 July 1953, while the applicant was a wireman, radio, switchboard and telephone operator assigned to a field artillery battery.  The description of the achievement for which he was recommended for the BSM indicates that the telephone lines to forward observers had been destroyed by enemy artillery fire and the applicant, of his own accord while under enemy artillery and mortar fire, undertook the task of restoring wire communications between the switchboard and the forward observer telephones.

The draft of the award recommendation was initially prepared on 15 October 1953.  The Personnel Section apparently returned it on 17 October 1953, for additional information (sketches of the area of operations and supporting statements).  The recommendation was not submitted again until 17 March 1954, with a supporting certificate dated 18 March 1954, but no other documentation.  An endorsement prepared by the 38th Field Artillery Battalion, Personnel Section at that time, indicates that the recommendation did not include sketches of the area, coordinates and statements of eyewitnesses or an explanation of why it was so late.  There is no indication that the recommendation was resubmitted for consideration.

Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

Awards may be made for acts of heroism, performed under circumstances described above, which are of lesser degree than required for the award of the Silver Star.

The BSM may also be awarded to recognize single acts of meritorious achievement or meritorious service.

The “V” device is worn to denote participation in acts of heroism involving conflict with an armed enemy.

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 military personnel file contains no evidence of the award recommendation he submitted with his application, and the award recommendation he has provided is not signed nor is there any evidence that it was officially submitted for consideration.

2.  Even if it had been submitted at the time, there is no assurance that it would have been approved for the BSM.  The decision to award an individual a decoration and the decision as to which award is appropriate are subjective decisions made by the commander with awards approval authority.  Therefore, the recommendation for the BSM for Valor could have been approved as recommended, downgraded to a lesser award or disapproved.  In the absence of documentation in the record, there is no way to determine if any of these actions occurred; but it appears that the recommendation was never submitted for consideration.

3.  While the Board has no reason to doubt the statement of events contained in the award recommendation, without corroborating evidence from official sources that the recommendation was authenticated and submitted for consideration, there are no grounds for this Board to award the BSM for Valor.

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

___tlp ___  ___rwa__  ___lls___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060641	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020108	
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.  107.00		
2.		
3.		
4.		
5.		
6.