PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:   AR1999029333

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  
	 		 	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Raymond J. Wagner		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2. Applicant requests reconsideration of his previous application to correct his military records by awarding him the Bronze Star Medal with V for life saving incident near the front lines during the Korean War.
 
3.  The applicant’s supporters submit numerous documents in support of the application including an affidavit and a reconstructed recommendation from a retired colonel who was the battalion commander at the time and a contemporaneous newspaper article that briefly describes the incident.

4.  The Memorandum of Consideration of the Board’s 16 December 1998 review of his request is incorporated herein by reference as if wholly set forth.

5.  The applicant’s relates that, while they were washing-up in a river two of his 
fellow soldiers were swept into deep water by the current.  He pulled one in without incident, but the other one fought him and was only gotten to safety with such great effort that the applicant had begun to wish he had reconsidered before he rushed to help.  

6.  The former battalion commander relates that the applicant was recommended for the Soldier’s Medal.  He recalls that the battalion staff and the company commander were in agreement that they wanted to recommend the applicant for the highest possible decoration and, therefore, had to research the topic.  He never learned what happened to the recommendation.  He offers a reconstructed recommendation and a suggested citation of the applicant’s actions in rescuing two fellow soldiers from drowning at the risk of his own life.

7.  Army Regulations 600-8-22, provides in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving conflict with the enemy. The action must have involved personal danger or hazard and the voluntary risk of life.  Awards are not to be based solely upon the saving of a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.

CONCLUSIONS:

1.  The applicant was recommended for the Soldier’s Medal and that recommendation became lost or was not acted upon.  In the Board’s opinion the award is warranted.

2.  In light of the foregoing award of the Bronze Star is not appropriate since the evidence indicates that the applicant was recommended for the Soldiers Medal.

3.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below would rectify an injustice.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Soldier's Medal for distinguished heroism on 20 May 1952 for rescuing two fellow soldiers from drowning in the Kumnwha River in Korea.  Without thought for his personal danger or the hazard involved, he voluntarily risked his life to locate and rescue the second victim, a known non-swimmer, from the swift deep current after that individual had already disappeared under the surface. 

BOARD VOTE:

__RVO__  __EB____  _RJW __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O'Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR1999029333	
SUFFIX		
RECON		
DATE BOARDED	20000223	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.