MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            18 July 2000      
	DOCKET NUMBER:   AR1999031986

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Ms. Margaret V. Thompson		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:  As the grandson of a World War II former service member (FSM), that the FSM’s Silver Star be upgraded to the Medal of Honor.  

APPLICANT STATES:  That the FSM was originally nominated for the Medal of Honor but due to the lack of witnesses or loss of original paperwork he was awarded the Silver Star instead.  The applicant contends that he has not provided, nor has he been able to obtain any affidavits from witnesses because he cannot locate anyone else in the FSM’s unit.  He goes on to state that many of the FSM’s records were destroyed by fire, that some combat reports are also not yet de-classified and that he has obtained little information in support of his appeal.  However, the applicant states that due to the FSM’s injuries and the incorrect description of how the FSM received his injuries, he strongly feels that another review is just.         

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

The FSM served as a second lieutenant in the European-African-Middle Eastern Theater from 18 June 1943 through 16 October 1943.  He was released from active duty on 5 December 1945 by reason of physical disability.  The applicant received the Silver Star for gallantry in action on 11 August 1943. 

The FSM’s WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service), which was authenticated in his own hand, does not show the Medal of Honor as an authorized award.    

There are no orders in the FSM’s service records which show that he was awarded the Medal of Honor.  There also is no evidence in his records that he was recommended for award of the Medal of Honor.

A recommendation to upgrade the FSM’s Silver Star to award of the Medal of Honor was submitted under the provisions of Section 1130, Title 10, United States Code, by a Member of Congress to the Secretary of the Army for consideration.  

On 1 July 1999, the Army Decorations Board considered the recommendation and determined that the degree of action displayed by the FSM on 11 August 1943 did not meet the criteria for an award of the Medal of Honor.  As a result, the Commanding General, United States Total Army Personnel Command, on behalf of the Secretary of the Army and combined with the recommendation by the Army Decorations Board, disapproved award of the Medal of Honor.    

Section 1130, Title 10, United States Code provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would 

not otherwise be authorized to be awarded based upon time limitations previously established by law.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request.  A request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requester.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Medal of Honor.  The Medal of Honor is awarded by the President in the name of Congress to a person who while a member of the Army distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The regulation provides that the deed performed must have been one of personal bravery or self sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved the risk of life.  Further, the regulation requires that “incontestable proof” of the performance of the service will be exacted and each recommendation for this decoration will be considered on the standard of extraordinary merit.

Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star 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 are required.

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.  There is no evidence to support the applicant’s contention that the FSM was originally nominated for the Medal of Honor.  There also is no evidence to support the applicant’s contention that the FSM received the Silver Star due to lack of witnesses or loss of the original award recommendation.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that the FSM was recommended for award of the Medal of Honor by his chain of command at the time of the FSM’s actions on 11 August  1943. 

3.  General Orders show the FSM received award of the Silver Star for his gallantry in action in Sicily on 11 August 1943.  This award of the Silver Star was approved by the appropriate award approval authority at the time of the action.  The award of the Silver Star was properly announced in orders.

4.  Under the provisions of Section 1130, Title 10, United States Code, an award recommendation for the Medal of Honor was considered by the Army Decorations Board on 1 July 1999.  The Army Decorations Board determined that the degree of action displayed by the FSM did not meet the criteria for award of the Medal of Honor and award of the Medal of Honor was denied.

5.  The applicant has not presented any evidence that the award process or the decision by the appropriate award approval authority at the time of the FSM’s action on 11 August 1943 was flawed or otherwise unjust, improper or inequitable.

6.  This Board considered all information submitted and all available evidence of record in this case and found no compelling evidence which warranted upgrading the FSM’s award of the Silver Star to the Medal of Honor.  Therefore, this Board reaffirms the decision of the Army Decorations Board not to award the Medal of Honor in this case.

7.  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.

8.  In view of the foregoing, there is no basis for granting the applicant's request to upgrade the FSM’s award of the Silver Star to the Medal of Honor.

9.  In reaching this decision, the members of this Board want the applicant and all others concerned to know that this action in no way diminishes the heroism by the FSM in service to the United States.  His actions on 11 August 1943 were recognized with an award of the Silver Star for gallantry in action against an armed enemy which is this Nation’s third highest award for heroism in combat.   The applicant, the FSM, and all Americans should be justifiably proud of this officer’s service in arms and the recognition of his heroism.

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

GDP____  EB_____  MVT_____  DENY APPLICATION

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

INDEX

CASE ID	AR1999031986	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19430811	
DISCHARGE AUTHORITY	AR   	
DISCHARGE REASON	Physical Disability	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0001	
2.		
3.		
4.		
5.		
6.