MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           31 October 2002                   
	DOCKET NUMBER:   AR2002076207

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman		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 his father, the former service member (FSM), be awarded the Bronze Star Medal (BSM) for valor.  

(The US Total Army Personnel Command, (PERSCOM) Military Awards Branch, in a letter to the applicant, indicated that they found no evidence that the FSM had been awarded the BSM with “V” Device.  Since the applicant had included an application to this Board with his request to PERSCOM, they forwarded the case here for consideration after advising the applicant of their determination.)

APPLICANT STATES:  That his father was a member of a tank crew which had been engaged in heavy combat during World War II.  The applicant contends that his father’s participation, knowledge and actions contributed greatly to the success of his unit’s mission.

In support of his request the applicant submits written accounts of what occurred during the battles in which his father’s unit was involved.  He also submits morning reports from his father’s unit, which shows that his father was assigned and present for duty during the battles depicted in the written accounts.  Lastly, he submits the Distinguished Service Cross recommendation for his father’s company commander.

EVIDENCE OF RECORD:  The FSM’s military records could not be located and are presumed to have been destroyed in the fire at the records repository at St. Louis, Missouri, in 1973.

The FSM was inducted and entered on active duty on 20 February 1942.  He was awarded the military occupational specialty of cannoneer and was promoted to corporal.  He was deployed to the European Theater of Operations on 29 December 1943, served in the Normandy, Rhineland and Northern France campaigns, and returned to the United States on 19 January 1945.  He was given a Certificate of Disability for Discharge (CDD) on 20 September 1945.  He died on 10 January 1985.

A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  Searches of these files show that the FSM was hospitalized due to trench foot and anxiety psychoneurosis on 16 November 1944, and was returned to duty.  In August 1945 the applicant was hospitalized for peripheral vascular disease, which formed the basis of his CDD.

Army Regulation 600-8-22 provides, in pertinent part, that the BSM is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  The BSM for valor is awarded to soldiers who distinguish themselves by heroic achievement involving conflict with an armed enemy.  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.
This regulation also authorizes the American Campaign Medal to be awarded for service in the American Theater between 7 December 1941 and 2 March 1946.

A WWII specific award is the WWII Victory Medal which is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive, and the Honorable Service Lapel Button.

Department of the Army Pamphlet 672-1, Unit Citation and Campaign Credit Register, shows that the 37th Tank Battalion was awarded the French Fourragere for the period 27 July through 11 August 1944.

Title 10, United States Code (USC), Section 1130, provides in pertinent part that when an applicant is requesting a new award or an upgrade of a previous award that had been lost or not acted upon by the Army, the request must be forwarded through a Member of Congress to the Secretary of the Army.  The Army Decorations Board (Military Awards Branch, PERSCOM) has been delegated authority by the Secretary of the Army to consider all cases under the provisions of this section of the law.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  While the applicant has shown that his father was assigned to a unit engaged in heavy combat during WWII, he has not provided any evidence to show what duties his father performed.  Therefore, there is no verification that the applicant’s father was part of a tank crew during the battles outlined by the applicant.

2.  Whether or not it can be shown that the FSM was a crewmember of a tank during those battles is of no significance in this request.  The applicant has requested that his father be awarded the BSM for valor.  Regardless of what duties the FSM was performing, to warrant the BSM for valor it would have to be shown that the FSM’s actions were heroic.  Being present during a battle is not, in and of itself, grounds to award the BSM for valor.  To warrant the BSM for valor, it has to be shown that the FSM distinguished himself by heroic achievement.

3.  Notwithstanding the foregoing, the applicant may wish to resubmit his request to the PERSCOM for consideration under the provisions of 10 USC 1130, as noted above.

4.  However, the FSM was authorized the WWII Victory Medal and the Honorable Service Lapel Button, the French Fourragere, and the American Campaign Medal.

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.

NOTE:  The Army Review Boards Agency, St. Louis, Missouri, will be requested to add the WWII Victory Medal and the Honorable Service Lapel Button, the French Fourragere, and the American Campaign Medal to the FSM's separation document.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___dph__  ___clg___  ____rks__  DENY APPLICATION

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

INDEX

CASE ID	AR2002076207	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021031	
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.