| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Ms. Shirley L. Powell | Chairperson | |
| Mr. Allen L. Raub | Member | |
| Mr. Thomas E. O'Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: That the Bronze Star Medal (BSM) he received on 28 February 2000 for actions taken in February 1951 be upgraded to a Silver Star (SS).
APPLICANT STATES: In effect, that his commander promised him a SS; that the personnel in the Awards Branch, US Total Army Personnel Command (PERSCOM) who directed that he be awarded a BSM were not there in Korea in 1951 and, therefore, cannot appreciate the magnitude of his deeds; that another soldier was awarded a SS in May 1951 for the same thing.
EVIDENCE OF RECORD: The applicant's military records show:
He served in the Army National Guard from 3 May 1948 to 1 March 1950. On 2 March 1950, he entered the Regular Army and served until honorably discharged on 2 March 1953. From 27 May 1953 to 1 November 1955, he served in the US Air Force Reserve. On 7 January 1958, he was ordered to active duty for a period of 2 years. He was separated on 13 November 1958 in order to enlist in the Regular Army for 6 years on 14 November 1958. Thereafter, he remained on continuous active duty until separation by reason of retirement in the rank of Command Sergeant Major on 31 August 1975. He had a total of 20 years, 8 months, and 25 days of creditable active Federal service and 27 years, 1 month, and 4 days of combined active and inactive service.
The applicant served in the Korean War. In February 1951, he was a Private First Class assigned to the 187th Airborne Regimental Combat Team, 2nd Infantry Division. During a combat engagement, he and his squad leader picked up a
.30 caliber machinegun and, with one man holding the barrel and the other firing the weapon, destroyed a supply of enemy ammunition and killed approximately 60 enemy soldiers. The applicant's records do not contain a recommendation for a decoration for this action and none was awarded.
In 1997, the applicant wrote to the Awards Branch, PERSCOM, to inquire about the SS recommendation that his commander had indicated that he would submit for the applicant's actions in February 1951. No recommendation could be found and no General Order was ever published awarding him the SS. On 30 March 1999, United States Senator John McCain made an inquiry on behalf of the applicant. Subsequently, the Army Decorations Board considered the request and recommended a BSM. The Awards Branch, PERSCOM submitted the recommendation to the Commanding General, PERSCOM, who, on 28 February 2000, approved the recommendation and directed that the applicant be awarded the BSM (with Oak Leaf Cluster) for his actions in February 1951.
Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. The regulation provides, in pertinent part, that the Silver Star (SS) 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 is required. The Bronze Star Medal (BSM) is awarded in time of war for heroism and for meritorious achievement or service. Award of the Bronze Star Medal for acts of heroism or meritorious service of a lesser degree than that required for the SS or Legion of Merit must, however, have been meritorious and accomplished with distinction.
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. 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.
2. The applicant's military service was long and distinguished, and was marked by many prestigious awards and decorations and attainment of the highest enlisted rank. It is unknown what occurred following his laudatory acts in combat in February 1951. Perhaps his chain of command never submitted a recommendation for award of the SS. Perhaps the recommendation was submitted, but disapproved. What is known is that the Army Decorations Board reviewed the facts and circumstances in 1999 and made a recommendation for award of a BSM to the applicant. The Board concurs with that action.
3. It is true that the Army Decorations Board and the Awards Branch, PERSCOM, were not present when the applicant performed his heroic deed in Korea. However, these agencies have a wealth of experience in dealing with belated award recommendations. Each recommendation is reviewed individually and a determination made based on the merits in a particular case. In the applicant's case, it was determined that the BSM was an appropriate award.
4. 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
__slp____ ___alr __ __teo ___ DENY APPLICATION
| CASE ID | AR2001058273 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011023 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | DIRECTOR |
| ISSUES 1. | 107.0007 |
| 2. | 107.0014 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2004 | 20040006032C070208
In its original conclusions, the Board found that the applicant’s request to upgrade his heroism award for actions on 22 March 1970 had been previously considered and denied by the ADB. These recommendations specifically requested consideration of an upgrade of the award the applicant received for his actions on 22 March 1970, and included supporting documents to be considered by the ADB. This review resulted in a conclusion that the merits of the applicant’s case did not support an...
ARMY | BCMR | CY2011 | 20110002530
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the SS is awarded for gallantry in action against the enemy. Evidence of record shows the applicant was temporarily promoted to SGT on 28 October 1968.
ARMY | BCMR | CY2012 | 20120005117
He also indicated the Decorations and Awards Board, 8th U.S. Army Korea, recommended award of the Distinguished Service Cross. The Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor. The highest awards for valor are, in descending order, the Medal of Honor, the Distinguished...
ARMY | BCMR | CY2014 | 20140010068
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Silver Star, Bronze Star Medal (BSM) with "V" Device, and Purple Heart. Section 21 (Medals, Decorations, and Citations) of his Service Record does not show authorization for the Silver Star or Purple Heart. Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.
ARMY | BCMR | CY2013 | 20130020063
Application for correction of military records (with supporting documents provided, if any). The applicants record shows that he was clearly cited for his heroism when he distinguished himself by valorous action on 1 November 1965 in connection with military operations against an enemy of the United States in the RVN. Based upon the available evidence it is determined that the BSM with V Device was the appropriate award for the cited action.
ARMY | BCMR | CY2004 | 2004103841C070208
The applicant provides: a. This document shows the unit to which the applicant was assigned was cited for award of the: a. French Fourragere for the period 5-20 June 1944 by Department of the Army General Order Number 43, dated 1950. b. These are two separate and distinct criteria and a Bronze Star Medal issued for meritorious service cannot be upgraded to a Silver Star for valor.
ARMY | BCMR | CY2009 | 20090020485
The applicant requests that his deceased father be awarded two Silver Stars and two additional awards of the Bronze Star Medal; however, there are no orders or other evidence in his Official Military Personnel File authorizing these awards. Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the Heavy Mortar Company of the 180th Infantry Regiment in Korea, this unit was awarded the Distinguished Unit...
ARMY | BCMR | CY2009 | 20090021045
Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. The applicant's requests correction of his DD Form 214 to show award of the BSM and the SS was carefully considered and there is sufficient evidence to grant partial relief. As a result, the Board recommends that all...
ARMY | BCMR | CY2013 | 20130013888
A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was recommended for or awarded the SS or PH (3rd OLC). Copies of his awards and decorations that show, in pertinent part, he was awarded the: * Bronze Star Medal (BSM) with "V" Device (4th OLC) - the BSM with "V" Device was awarded on two occasions, for heroism in the RVN on 21 August 1969 and 1 November 1969 * PH (2nd OLC) for wounds received in action in the RVN on 21 June...
ARMY | BCMR | CY2008 | 20080015403
Paragraph 3-17 further states, in pertinent part, that the ARCOM is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service. The governing awards regulation at the time of the applicant's service did not prohibit award of the ARCOM for achievement or service in combat and given the citation for his award confirms there was...