APPLICANT REQUESTS: Posthumous award of the Silver Star Medal for his brother, who was killed in action in World
War II.

APPLICANT STATES : That his brother and another soldier (now deceased) were members of a bazooka team during an action in the vicinity of the Remagen Bridge in Germany, for which the other soldier was awarded the Silver Star. His brother was killed in action, but was not awarded this medal. The applicant submits a letter of support from a member of Congress, letters of sympathy from his brother’s regimental commander (shortly after his brother’s death), and a letter to his brother’s widow from the soldier who was with his brother and who received the Silver Star. The applicant states that his brother sacrificed his life for his country. His widow was so distraught she could not appeal in 1945. The applicant states that he did not discover the letter from his brother’s comrade until years after the war, and attempts to locate him were unsuccessful. The family wants this injustice corrected.

EVIDENCE OF RECORD : The former serviceman’s (FSM) military records may have been destroyed in the fire at the National Personnel Records Center in 1973. Records contained herein were obtained from alternate sources.

On 2 April 1945 The Adjutant General confirmed information contained in a telegram to the wife of the FSM that her husband had been reported as missing in action since
13 March 1945.

On 4 April 1945 the regimental commander of the FSM, in a letter to his widow, expressed his sympathy on the loss of her husband. He stated that the FSM was killed in action on the morning of 13 March 1945 during an attack on enemy positions and was instantly killed. That officer stated that the FSM was an exemplary soldier with excellent character traits who had set a good example for the men of his organization. He stated that the FSM had recently been awarded the Combat Infantryman’s Badge for exemplary conduct in action against the enemy.

A 7 April 1945 report of death from the War Department shows that the FSM was killed in action on 13 March 1945, after having previously been reported as missing in action from that same date.

Headquarters, 78th Infantry Division General Orders
Number 180, dated 13 May 1945, awarded the Silver Star to the comrade of the FSM, the citation stating, in part: “Private First Class...Infantry, Company I, 311th Infantry Regiment, for gallantry in action on 15 March 1945 in the vicinity of *****, Germany. Riflemen of Company I had reached their objective successfully, but before they could dig in and hold the position, five enemy half-tracks counterattacked up the wooded slope. The intense automatic fire threatened to disorganize the units. Private First Class ..., armed with his bazooka and four rockets, took a position in the open that commanded the most likely approach of the enemy vehicles. With calm courage, he fired and scored direct hits on the first three vehicles to approach. At this point the other two turned and withdrew. His great....”

That same general order awarded the Silver Star Medal to two other soldiers, each separate citation, stating in effect that Technical Sergeant (Staff Sergeant)... along with seven men from his platoon, advanced on the tank. He then left six men to cover the further advance while he and one other crawled to the crest of the hill. The tank crew then directed their fire on the two men. Despite the fire directed at them Technical Sergeant (Staff Sergeant) ... and his companion remained exposed to fire two bazooka rounds into the enemy tank and silence its gun.

That same general order awarded the Bronze Star Medal to a Technical Sergeant and states in part: Technical Sergeant
..., Infantry, Company I, 311th Infantry Regiment, for heroic achievement in connection with military operations against the enemy on 15 March 1945 in the vicinity of *****, Germany. Before riflemen of Company I could prepare defensive positions on their objective, five enemy half-tracks launched a counterattack. To stave off threatened disorganization, Technical Sergeant ... remained exposed to the hail of fire and dispersed his unit in positions across the most logical route of approach for the vehicles. He then sent his only bazooka man to a forward position”.

On 21 May 1945 the regimental commander of the FSM again corresponded with his widow, in response to a 24 April letter from her. In his letter he stated that the FSM was engaged in action against the enemy on 13 March 1945 when he was killed from shell fragments due to enemy artillery fire, that his death was instant and he did not suffer. That officer acknowledged that his comrade [the same soldier who had been awarded the Silver Star], whom she had mentioned in her letter, was present with a company of the regiment, and would be glad to hear from her, should she so wish.
On 26 June 1945 the comrade of the FSM (the same soldier who received the Silver Star) in response to a letter from his widow wrote her, saying in pertinent part, that he and her husband were the best of friends, that since she wanted the circumstances concerning her husband’s death, he did so relate: “We have just taken a hill in the Remagen bridgehead on the morning of Mar 15 and had begun as usual to dig in when we were immediately counter-attacked by five enemy armored half-tracks. They were too close to our men to call for artillery so it was up to the bazooka team to try and knock them out. Bill (her husband) and I were the only team left in the company, so the task was left to us. Bill carried the rockets, and he’d load and I’d fire. We had only four rockets left, so we had to conceal ourselves by the road and allow them to come as close as possible to make sure each round counted. I fired at them when they got to about twenty yards or less. Bill kept loading and we made four direct hits, knocking out the first three, and scoring a hit on the fourth but it didn’t put it out. At this point the fourth and fifth half tracks turned around and headed back to their lines only to come back with German infantry in support later on with another counter-attack.... When this second counter attack came, we had no way of or means of combating it as we had no more rockets left, so all then men withdrew behind the hill and jerries opened up with machine guns. That is when I believe Bill got killed as he was trying to get cover with the rest of the boys.... Mean while Zip [Bill] was reported to be missing or taken prisoner, that accounts for the report you got of him first being as missing. Later we found him in the woods with machine gun bullets through his heart, so we’re sure he met death instantly.”

“I was awarded the Silver Star for knocking out the half tracks. Had Bill been still alive today, I’m sure he’d have one too.”

In a 10 April 1996 letter to a member of Congress, the brother of the FSM quotes excerpts from the aforementioned letter, and from the two letters from regimental commander. He contends that his brother was in the same action as the soldier who was awarded the Silver Star, based on the information contained in that soldier’s letter (the pertinent portions which are quoted above), and the second paragraph of the 21 May 1996 letter from the regimental commander, “When his company was engaged in action against the enemy on 13 March 1945 in the vicinity of Honnef, Germany, William was killed from shell fragments from enemy artillery fire”. He states to the MC that he believes that the Colonel (regimental commander) may have erred in this case through omission.

On 23 April 1996 a MC wrote to the commander of the Army Reserve Personnel Center at St. Louis on behalf of the widow and brother of the deceased FSM. He states, in pertinent part, that the FSM should have been awarded the Silver Star Medal based on his comrade’s eyewitness account. He states that in the terror, heat, and confusion of combat, records and eyewitness accounts of valorous deeds can sometimes fall between the cracks or never catch up with the recording of deeds, or just plain be forgotten. He states that this was the case with the surviving soldier, however the soldier who did not survive - his deeds, the recording of his courageous moment, fell lost to the recorded paperwork so necessary for the award, in this case a General Order. He request that a copy of the citation for the Silver Star awarded to the comrade of the FSM be compared to his account in his letter to the widow of the FSM. He appeals to the Board for compassion in examining the circumstances whereby the award was made to one member of the Bazooka team and not the other.

Army Regulation 600-45, then in effect, prescribes the authority for awards of decorations, and states in pertinent part, that the Silver Star may be awarded by any separate force commanded by a major general or officer of higher grade. That regulation also states that the Silver Star is awarded to persons who distinguish themselves by gallantry in action not warranting the award of the Medal of Honor or Distinguished Service Cross.

Paragraph 20 of that regulation states that recommendations may be initiated by any officer. Recommendations must be based upon the statement of any eyewitness, preferably the recipient’s immediate commander. Written testimony will be in the form of certificates or affidavits. Each case will be submitted separately and forwarded through command channels with the views or recommendations, either favorable or unfavorable, of each commander through whom it passes.

In cases of recommendations alleged to have been made within the prescribe period of time (paragraph 21) and lost, the certificate of an officer or the affidavit of an enlisted man to the effect that the recommendation was made within 2 years and placed in official channels, accompanied by a statement of the substance of said recommendation will be accepted and the case consider on its merits.

Paragraph 21 states in pertinent part, that no decoration or other device shall be issued to any person after more than three years from the date of the act justifying the award thereof, nor unless a recommendation was submitted through official channels at the time of the distinguished act, or within two years thereafter, nor unless it shall appear from the records of the War Department that such person has so distinguished himself as to be entitled to the award.

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

1. The former soldier made the ultimate sacrifice in defense of his country, a never to be forgotten act. His service and his sacrifice require that he be given just due for his actions. The conflicting evidence concerning his actions, however, may never be reconciled.

2. Nonetheless, there are sources of evidence contained in his record. The regimental commander of the deceased soldier stated on two separate occasions to his widow that he was killed in action on the 13th of March, and in his
21 May 1945 letter to her, that he was killed from shell fragments due to enemy artillery fire. The War Department report of death confirms that he was killed in action on the 13th.

3. The soldier who received the Silver Star Award, the other member of the bazooka team, was cited for gallantry in action on the 15th of March in 1945, the action for which he received the Silver Star-“Private First Class ... armed with his bazooka and four rockets, took a position in...” This citation is particular in that it makes no mention of another soldier (the loader/or firer) of a two man bazooka team being involved in this action. One gathers from this citation that the soldier (the comrade of the deceased soldier) acted alone. This soldier also mentions in his letter to the widow of his fallen comrade, that the action took place on the 15th of March.

4. The citation awarding the Bronze Star Medal to a technical sergeant of the same company and regiment as the deceased FSM and his comrade, states in part that that sergeant sent his only bazooka man to a forward position. It must be noted that the citation does not say “bazooka team”, only “bazooka man”. The Board believes that this man is the soldier who was awarded the Silver Star, and that he acted alone.

5. The Board also notes that two other soldiers were awarded the Silver Star for their gallantry in action, and that in each citation, it is apparent that each was the comrade of the other in the same action. Whereas, there was no other companion mentioned in the citation of the comrade of the FSM.

6. This Board does not dispute the contention that in the confusion of battle records and eyewitness accounts of heroic acts can sometimes be lost. The Board notes, still and all, that the one soldier was awarded the Silver Star for this action, that the regimental commander corresponded twice with the widow of the deceased soldier, the second letter dated after the comrade of the FSM was awarded the Silver Star. It is unlikely that this officer would have failed to recommend for the Silver Star, the one soldier and not the other, as the applicant infers, if both were involved in the same action.

7. In all good faith, this Board cannot grant the applicant’s request. He has submitted neither probative evidence nor a convincing argument in support of his request.

8. 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

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director