MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 March 2000                  
	DOCKET NUMBER:   AR1999034384

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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 he be awarded the Bronze Star Medal (BSM) with “V” device.

APPLICANT STATES:  That he was on his way up Pork Chop Hill in Korea on or about 13 July 1953 when he saw two men delivering ammunition to Mortar Company get hit.  He pulled them out of their truck and sent them to the rear for aid in his jeep.  He then took the damaged but operable truck of ammo up to the commander of the 31st or 32nd Mortar Company.  He contends that the commander of the 31st or 32nd Mortar Company put him in for the BSM.  His commander interviewed him concerning the award on his return to Tank Company.  Months later he learned that his commander had given the BSM to another officer.  

In support of his request, he has provided a copy of General Orders Number 77, dated 21 October 1953 reflecting his award of the Commendation Ribbon with Pendant for meritorious achievement, a copy of the citation accompanying the award and a copy of his letter to the US Army Reserve Personnel Command concerning the BSM that should have been awarded to him.

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

He was inducted on 14 January 1952 and was assigned to Tank Company of the 17th Regiment, 7th Infantry Division in Korea for 11 months and 5 days.  He was retained on active duty until 12 December 1953 then honorably separated and transferred to the USAR in the grade of sergeant.

His awards include the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Commendation Ribbon with Metal Pendant (now the Army Commendation Medal) and the Combat Infantryman Badge.

The general order he has provided substantiates that he was awarded the Commendation Ribbon, however, the available records contain no information regarding a BSM award.

Army Regulation 600-8-22, Military Awards, provides, 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.

Army Regulation 600-45, Decorations, the regulation in effect at the time, 

provides, in pertinent part, that the BSM may be awarded by the commanding general of any separate force outside the continental limits of the US when the commander is a major general or officer of higher grade; this authority may be delegated to subordinate commanders not below the grade of major general.

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 contentions have been noted.  However, neither the evidence submitted with the application nor the evidence in the available record supports his request for the BSM with “V” device.

2.  While he may believe that his award was “given” to someone else there is no evidence in fact to support that conclusion.  Furthermore, the statement that it was given to someone else implies that there were a finite number of awards that could be made for the action in which he claims to have been involved.  On the contrary, there are no limits on the number of awards a commander may recommend.  It must be kept in mind, however, that the awards approval authority of a captain level commander at the time of the Korean War was limited, and the BSM or even the commendation medal was not within his purview to approve.  The unit commander could only make recommendations for such awards.  It was up to the commander with awards approval authority to make a subjective decision to approve the unit commander’s recommendation, downgrade it to a lesser award or disapprove it.

3.  In the absence of evidence to the contrary, it must be presumed that the applicant was either not recommended for the BSM or that the recommendation was disapproved.  The BSM recommendation, if there was one, apparently was not downgraded since the citation for the commendation medal that he furnished with his application does not correspond with the events that he says were the basis for the BSM.  Nevertheless, his belief that he should have received the BSM with “V” device is, in and of itself, not a basis for awarding the decoration.

4.  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 satisfies this requirement.

5.  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

_rgh____  _mdm ___  __jps____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999034384	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000329	
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.  107.0014		
2.		
3.		
4.		
5.		
6.