PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 10 OCTOBER 2001
         DOCKET NUMBER: AR2001058543


         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Charles Gainor		Member
Mr. Joe R. Schroeder		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.

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2. The applicant requests that the Medal of Honor be awarded to her brother, a former service member (FSM).

3. The applicant states that the family of the FSM believes that the FSM’s bravery and self sacrifice were above and beyond the call of duty. She states that the FSM lost a portion of his frontal lobe and has a depression of his skull. He showed unique bravery and courage. His actions merit award of the Medal of Honor.

4. The military records of the FSM show that on 12 January 1952, after his machine gun was knocked out by enemy fire and rendered useless, the FSM volunteered to go to the aid of his wounded comrades on a hill which his infantry company had been attacking. Armed with only a .45 caliber pistol, the FSM advanced through intense mortar and automatic weapons fire and successfully aided in the evacuation of the wounded men on the hill. The FSM was awarded the Bronze Star Medal with “V” device for his actions. The award recommendation shows that he was an assistant machine gunner with Company E, 180^th Infantry.

5. The recommendation for the above award, dated 31 January 1952, shows that the FSM was awarded the Purple Heart on 18 January 1952. A 5 November 1952 medical document shows that the FSM was also wounded on 12 June 1952 by enemy mortar fragments, producing post-traumatic personality disorder with demonstrable physical etiology or associated structural change in brain, chronic and severe, manifested by flattening of affectual responses, memory impairment, lack of insight into his condition so as to produce complete social and industrial inadaptability, with mental enfeeblement. A medical board determined the FSM to be 100 percent disabled.

6. On 18 June 1952 the FSM was awarded the Purple Heart (first oak leaf cluster).

7. Copies of newspaper articles submitted with the application comment on the FSM’s heroism and his present condition and status. The FSM is a resident of the Brockton-West Roxbury Veterans Administration Medical Center.

8.       The FSM’s DD Form 214 (Report of Separation) shows that he entered on active duty on 15 January 1951. He had 1 year and 28 days of foreign service. He was awarded the Occupation Medal, the Korean Service Medal with one bronze service star, the United Nations Service Medal, one overseas bar; and both the Purple Heart and the Bronze Star Medal. The first oak leaf cluster is shown on that form, but it is not clear whether it is for a second award of the Purple Heart or for the Bronze Star Medal. His branch as shown on that form was Infantry. His specialty number, 4745, shows that he was an infantryman. He participated in two campaigns while in Korea. The FSM was retired for physical disability on 30 November 1952.

9. In a 12 November 1998 letter, the Total Army Personnel Command (PERSCOM) informed a Member of Congress (MC) that the recommendation for award of the Medal of Honor, submitted by the MC, was reviewed and considered by the Army Decorations Board, and that board determined that the recommendation did not meet the criteria for the proposed award. Consequently, the PERSCOM disapproved the recommendation for the Medal of Honor.

10. The Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States. The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved risk of life. Incontestable proof of the performance of the service will be exacted and each recommendation for the award will be considered on the standard of extraordinary merit.

11. The Bronze Star Medal is awarded to any person who distinguishes himself by heroic or meritorious achievement or service in connection with military operations against an armed enemy. Awards may be made for acts of heroism which are of lesser degree than required for the award of the Silver Star.

12. An example of an actual citation awarding the Bronze Star for Valor to a soldier reads: “For valorous conduct in action against the enemy. On the night of … crept 100 yards over flat, open terrain during a fire fight between his small patrol and a group of …, to a point 50 years from a partly disabled enemy tank. Taking careful aim, he fired several rifle grenades at the tank, hitting and completely destroying it. Then, when a great many enemy machine guns in the sector opened up, he led his men through bullet swept area to safety.”

13. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph states that there are basically three requirements for award of the CIB. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

14. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.
15. The National Defense Service Medal is awarded for honorable active service for any period between 27 January 1950 and 27 July 1954.

16. DA Pamphlet 672-1, the Unit Citation and Campaign Participation Credit Register shows that the FSM’s unit, the 180^th Infantry, was awarded the Republic of Korean Presidential Unit Citation for its actions during the Korean War.

CONCLUSIONS:

1. The FSM was awarded the Bronze Star Medal with “V” device for his heroic actions on 12 January 1952. 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. Commanders at that time, or shortly thereafter, determined that the actions of the FSM were so heroic that he was deserving of the Bronze Star Medal for valor. Almost 50 years have passed since the events that occurred in January of 1952 and this Board is most reluctant to substitute its judgment for that of those officials made so many years ago, when there appears to be no error or injustice. The Board believes that the award of the Bronze Star Medal with “V” device for his actions is appropriate, and his actions while heroic, do not warrant award of the Medal of Honor.

2. The FSM’s DD Form 214 should reflect award of the Bronze Star with “V” device and award of the Purple Heart with first oak leaf cluster.

3. The FSM is entitled to award of the Combat Infantryman Badge.

4. He served his country honorably and faithfully. He is entitled to award of the Good Conduct Medal and the National Defense Service Medal.

5. The FSM’s records should reflect award of the Republic of Korea Presidential Unit Citation.

6. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the FSM was awarded the Bronze Star Medal with “V” device, the Purple Heart with 1^st oak leaf cluster, the Combat Infantryman Badge, the Good Conduct Medal, the National Defense Service Meal, and the Republic of Korea Presidential Unit Citation.



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

BOARD VOTE:

__LLS __ ___CG __ __JRS __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___ Luther L. Santiful _
                  CHAIRPERSON

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INDEX

CASE ID	AR2001058543
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20011010
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.