PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            1 August 2000
	DOCKET NUMBER:   AR1999033326

	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. Carl W. S. Chun		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Calvin M. Fowler		Member	
	Mr. Edwin S. Castle		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.  The applicant requests, in effect, that his Bronze Star Medal for heroic achievement (now correctly known as the Bronze Star Medal with “V” Device) be upgraded to the Silver Star.

3.  The applicant makes no statement.  Instead, he refers to a 9 September 1999 letter, which is attached to his application.  This letter is submitted to the Chief of the Army Awards Branch by the applicant’s former company commander who submitted the original recommendation for award of the Silver Star to the applicant for his actions on 20 October 1944. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant entered active duty on 5 May 1943.  He served as an infantryman in the European-African-Middle Eastern Theater of Operations from 21 May 1944 through 15 December 1945.  The applicant was honorably discharged on 5 January 1946.

5.  A copy of a 5 February 1945 recommendation for award shows the company commander recommended award of the Silver Star to the applicant for his actions on 20 October 1944.  The recommendation stated that the applicant left the safety of his position during an enemy counterattack and crawled forward to an enemy position where he killed three enemy soldiers with his Thompson sub-machinegun.  Three other enemy soldiers initially surrendered, but then one attempted to escape and the applicant killed him.  The applicant crawled back to his original position with his two prisoners.  The award recommendation stated that four enemy were killed and it was estimated that ten enemy were wounded.  The recommendation concluded that the applicant’s actions, at the risk of his own personal safety, were instrumental in repelling the enemy counterattack which threatened the exposed flank of their battalion.

6.  The award recommendation was forwarded by the company commander, and the battalion commander and the regimental commander recommended approval.  There is no record of the action by the award approval authority for the Silver Star on this request; however, General Orders authorizing award of the Bronze Star Medal to the applicant were subsequently published on 9 March 1945.

7.  General Order Number 15, promulgated by 6th Army Group on 9 March 1945, shows that the applicant, then a member of Company H, 442d Regimental Combat Team, was awarded the Bronze Star Medal for heroic achievement near Bruyeres, France, for his actions on 20 October 1944.  The order reads:  “During an enemy counterattack, [the applicant] fearlessly left his cover and crawled to where several enemy troops were entrenched.  He then opened fire with is automatic weapon, killing three and forcing three others to surrender.  By his courageous and voluntary action, [the applicant] was instrumental in repulsing the fierce enemy counter-attack and reflects great credit upon the armed forces of the United States.”  The General Order authorizing award of the Bronze Star Medal to the applicant shows the approval authority as the lieutenant general in command of the 6th Army Group.

8.  Records show the Awards Branch of the U.S. Total Army Personnel Command (PERSCOM) accepted a recommendation for award of the Silver Star to the applicant for his heroic actions on 20 October 1944 under Section 1130, Title 10, United States Code.  The Army Decorations Board considered this request on 6 May 1999 and determined that the degree of action displayed by the applicant did not meet the criteria for the proposed award of the Silver Star.  As a result, the Commanding General of PERSCOM, on behalf of the Secretary of the Army and combined with the recommendation of the Army Decorations Board, disapproved the award of the Silver Star.

9.  In his 9 September 1999 letter, the applicant’s former company commander stated that he would not consider the decision of the Army Decorations Board was unjust or unfair.  He also stated that an original request to upgrade award of the Bronze Star Medal during World War II “got lost in the shift of commands and commanders.”  He believes the applicant deserved the Silver Star “because he took offensive action to eliminate the enemy in front of their defensive position and provided prisoners and intelligence that was vital to the deployment of Task Force [name omitted].” 

10.  This Board noted the applicant served as an infantryman in World War II; however, his discharge document does not show the Combat Infantryman Badge as an authorized award.  The applicant’s War Department Form 372A (Final Payment-Worksheet) confirms that he was entitled to combat infantry pay. 

11.  The applicant’s WD AGO Form 53-55 shows an award of the Bronze Star Medal based on 6th Army Group General Order Number 15, but does not show award of a Bronze Star Medal based on the Combat Infantryman Badge. 

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. 

13.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

14.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

15.  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. 

16.  Army Regulation 600-8-22 provides in paragraph 3-1c that the decision to award an individual a decoration and the decision as to which award is appropriate are both subjective decisions made by the commander having award approval authority.

17.  Army Regulation 600-45 was the military award regulation in effect at the time of the applicant’s service.  Section II of his regulation required that awards of the Bronze Star Medal and the Silver Star were to be approved, during periods of war, by “the commander of any separate force outside of the limits of the continental United States when the commander is a major general or officer of a higher grade; and this authority may be delegated to subordinate commanders not below the grade of major general.”

18.  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.

19.  War Department Circular 269-1943 established the Combat Infantryman Badge to recognize and provide an incentive to infantrymen.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay.  Therefore, soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.

20.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
CONCLUSIONS:

1.  Records show the applicant was recommended for the Silver Star for his actions on 20 October 1944.  The recommendation was forwarded through the chain of command with recommendations for approval to the award approval authority who was the Commanding General of the 6th Army Group.  

2.  Although the award approval authority’s action on the award recommendation for the Silver Star is not available to the Board, orders were published showing the applicant was awarded the Bronze Star Medal for heroic action on 20 October 1944.

3.  In 1999, the original recommendation for award of the Silver Star was submitted for consideration by the Army Decorations Board.  On 6 May 1999, that board considered the recommendation for award of the Silver Star to the applicant and recommended disapproval because “the degree of action displayed by the applicant did not meet the criteria for the proposed award of the Silver Star.”  The Commanding General of PERSCOM disapproved award of the Silver Star on behalf of the Secretary of the Army.

4.  Evidence of record indicates the proper award approval authority for the Silver Star downgraded the recommended award of the Silver Star to the Bronze Star Medal.  This Board noted the award approval authority for the Silver Star was present in the theater of operations and had access to the applicant’s chain of command and all information regarding the applicant’s actions.  This Board generally will not overturn the decision on an award by the proper approval authority unless there is compelling evidence of error or injustice, especially when a long time has elapsed since the event in question occurred and when the award approval authority was present in the theater of operations at the time of the event.  After examining all of the facts, this Board finds there is no compelling evidence of error or injustice in this case and, as a result, there is no basis for upgrading the applicant’s award of the Bronze Star Medal to the Silver Star.

5.  In rendering this decision, the Board wants the applicant and all others concerned to know that this action by the Army Board for Correction of Military Records in no way diminishes the heroism and sacrifice of the applicant in service to the United States.  His actions on 20 October 1944 were recognized with a decoration for heroism in action against an armed enemy, and the applicant and all Americans should be justifiably proud of this service in arms and recognition of his heroism.

6.  The applicant received combat infantry pay; therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this badge.

7.  Based on award of the Combat Infantryman Badge during World War II, the applicant is also entitled to a second award of the Bronze Star Medal.  Therefore, his records should be corrected to show the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device.

8.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected

	a.  by showing the individual concerned was awarded the Combat Infantryman Badge;

	b.  by deleting award of the Bronze Star Medal from item 33 (Decorations and Citations) of his WD AGO 53-55; and 

	c.  by adding award of the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device to item 33 of his WD AGO 53-55.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR1999033326	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000803	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19460105	
DISCHARGE AUTHORITY	AR 615-365	
DISCHARGE REASON	DEMOBILIZATION	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.