MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 November 2001
         DOCKET NUMBER: AR2001060663

         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
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Ms. Deborah S. Jacobs		Chairperson
Mr. Elzey J. Arledge, Jr.		Member
Mr. Donald P. Hupman, Jr.		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)

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APPLICANT REQUESTS: In effect, that his records be corrected to show he was awarded the Silver Star and that he be issued the Silver Star.

APPLICANT STATES: That he was awarded the Silver Star in December 1944/January 1945 but he never received it. It was given to him along with Captain T___, First Lieutenant E___, Technician Four A___, and First Lieutenant S___. He submits as evidence a history of the 106^th Cavalry from 1944 to 1945 which shows he was awarded the Silver Star along with the Bronze Star Medal and the Purple Heart. He received the Bronze Star Medal and the Purple Heart but not the Silver Star.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

The applicant was inducted into the Army on 8 July 1943 and entered active service on 29 July 1943. He arrived in the European Theater of Operations on 11 March 1944 and was assigned to A Troop, 106^th Squadron, 106^th Cavalry Group. He departed the theater on 1 December 1945. He was separated on 21 December 1945. His Report of Separation, WD AGO 53-55, shows that he was awarded the Bronze Star Medal and the Purple Heart.

In 1945/46, the staff of the 106th Cavalry Group edited a publication entitled The History of the 106^th Cavalry in Europe 1944 and 1945. The commander of the 106^th Cavalry signed the foreword to the publication, prefacing his remarks with, “This book is the story of the 106^th Cavalry in the great World War in England, France, Germany, Austria. It is not intended as a great historical document…”
The book was edited by the staff of the 106^th Cavalry. The staff began the preface with, “This book was written by the men who fought the actions. The Editors’ task was that of collecting the narratives…” The applicant’s name is listed three times – on page 159 as being awarded the Silver Star along with 14 other individuals and on page 160 as being awarded the Bronze Star Medal and the Purple Heart.

A review of unit historical files revealed that Headquarters, XV Corps had the authority to publish General Orders that awarded members of the 106^th Cavalry any awards above the Purple Heart. However, General Orders could be found awarding the Silver Star to only ten of the fifteen individuals listed in the unit history publication. Orders awarding the Silver Star to the four members mentioned by the applicant were found. Since XV Corps was part of the 3d U. S. Army, a review was also conducted of the 3d Army’s General Orders files. The review failed to produce any orders awarding the applicant the Silver Star.

Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star 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 are required.

Title 10, U. S. Code, section 1130 (formerly known as section 522 of the National Defense Authorization Act of 1996) provides that the Service concerned will review a proposal for the award of, or upgrading of, a decoration that would not otherwise be authorized to be awarded based upon time limitations previously established by law. A separate DA Form 638, Recommendation for Award, must be submitted. The unit, the period of assignment, and the award being recommended must be clearly identified. A narrative of the actions or period for which recognition is requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates and related documents. Corroborating evidence is best provided by commanders, leaders and fellow comrades who had personal knowledge of the circumstances and events relative to the request. The law also requires that a request for award not previously submitted in a timely fashion will only be considered under this provision if the request has been referred to the Service Secretary from a Member of Congress. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rests with the requestor. The request should be sent, through the individual’s Member of Congress, to: Commander, U. S. Total Army Personnel Command, ATTN: TAPC-PDO-PA (Awards Branch), Room 3S67, Hoffman II, 200 Stovall Street, Alexandria, VA 22332-0400. If the member is deceased, heirs, next of kin or other interested parties may submit the recommendation.

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. Unfortunately, a thorough review of unit files, to include higher headquarters’ files, could not locate General Orders awarding the applicant the Silver Star.

2. The Board has considered the evidence provided by the applicant. However, the referenced publication concedes that it was not a historical document (from the commander’s foreword) and that the information contained therein was obtained by collecting the narratives of the men of the unit (from the Editors’ preface). General Orders could be found on the four individuals mentioned by the applicant as having received the Silver Star with him; however, orders could not be found on the applicant nor on another four of the fifteen members listed in that publication as receiving the Silver Star. Without such orders, the Board presumes that the applicant may have recalled being recommended for award of the Silver Star but there is no evidence to show award of the Silver Star was approved.

3. The applicant and/or an interested party may submit a recommendation for award of the Silver Star to the Commander, U. S. Total Army Personnel Command in accordance with the guidance given above. A copy of a DA Form 638 is provided for his convenience.

4. Regrettably, 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

__dsj___ __eja___ __dph___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001060663
SUFFIX
RECON
DATE BOARDED	20011106
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0007
2.
3.
4.
5.
6.