IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20090020089 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his award of the Silver Star be upgraded to award of the Distinguished Service Cross (DSC).

2.  The applicant states that his request for the DSC is based on his leadership of Company A, 5th Regimental Combat Team (5RCT), Korea, during the Battle for Outpost Harry during the period of 11-12 June 1953.  The applicant maintains that all of his actions were not taken into consideration for the award of the DSC and provides the following justification:

* Company awarded the Distinguished Unit Citation, now known as the Presidential Unit Citation
* While under heavy and deadly enemy artillery, he frequently left his command post to monitor their defense from enemy forces
* Enemy overran them and entered their trenches five times but he successfully led five counterattacks
* Counterattacks were performed under extremely deadly and accurate enemy artillery
* While seriously wounded, he refused evacuation and continued to lead the company
* While in the trenches, he engaged and killed the enemy with bayonet, carbine, and hand grenades 
* He ordered defensive artillery which allowed them to destroy the enemy



3.  The applicant provides the following:

* Excerpts from 15th Infantry Regiment, 3rd Infantry Division, Radio Log
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Letter from the National Archives and Records Administration (NARA)
* Letter from the Human Resources Command (HRC) 
* Seven Eyewitness Statements
* Outpost Pictures
* Combat Operations Report
* View of Outpost Harry
* Action at Outpost Harry
* Press Statement
* Summary of Killed in Action and Wounded in Action Report
* IX Corps Combat Operations Report
* 3rd Signal Company Monthly Command Report
* Pictures of the Applicant
* Radio Log
* General Orders Number 923, dated 11 October 1953, awarding the Distinguished Unit Citation
* General Orders Number 819, dated 6 September 1953, awarding the Silver Star
* IX Corps, Combat Operation Command Report
* S2/3 Journal
* 3rd Signal Company, Monthly Command Report (June)
* 5RCT Command Report for June 1953
* 15th Infantry Regiment, After Action Report
* A brief informal history of the IX Corps in Korea which is titled The Corps In Korea
* Purple Heart Certificate

CONSIDERATION OF EVIDENCE:

1.  The applicant served in an enlisted status from 11 September 1950 until he was appointed a second lieutenant on 26 October 1951.  The applicant served on active duty as a commissioned officer with the 5RCT until he was separated on 30 September 1953.  The applicant subsequently served as member of the United States Army Reserve.

2.  General Orders Number 819, dated 6 September 1953, show the applicant was awarded the Silver Star.  The narrative for the Silver Star states the following:
[Applicant], a member of an infantry company, distinguished himself by gallantry in action against the enemy in the vicinity of Song-nae-dong, Korea. On the morning of 12 June 1953, [applicant] a company commander, led his men to relieve a company on an outpost position where heavy enemy assault was anticipated.  Upon his arrival at the position, [applicant's name] spent the entire day exposed to enemy fire, deploying his men in the most advantageous fighting position.  When the hostile assault was launched that night, the defensive positions on the outpost had been completely rebuilt.  The enemy probed the position for a four hour period before launching a full scale attack early on the morning of the 13th.  Twice the enemy infantry elements gained footholds in the trenches but were repulsed both times in bitter hand-to hand combat under [applicant's name] directions.  Throughout the battle, [applicant's name] remained exposed to hostile fire, to call in defensive fire, encourage his men, and coordinate the over-all defense of the outpost.  The gallantry exhibited by [applicant's name] on this occasion reflects great credit on himself and the military service. 

3.  Outpost Harry was one of the so-called "Battles of the Outposts" which occurred during the static phase during the final 2 years of the Korean War, when both sides fought to seize and maintain a line of the most advantageous terrain when the demilitarized zone was created.  Outpost Harry was a 1280 foot high hill situated some 425 yards northeast of the United Nations forces main line of resistance which was on a general southeast-northwest line from the Cheorwon to the Kumwha Valleys.  The battle centered around Outpost Harry took place from 10-18 June 1953 and involved Company K, 15th Infantry Regiment          (10 June 1953); Company B, 15th Infantry Regiment and Company B, 5RCT 
(11 June 1953); Company A, 5RCT, Company L, 15th Infantry Regiment and the 10th Combat Engineer Company (12 June 1953); and Company C, 5RCT and elements of the Greek Battalion (13 June 1953).  Fighting was ferocious during the period 10-13 June 1953 with regimental-size Chinese Communist Forces attacking depleted American and Greek companies.  The battle resulted in one Medal of Honor being awarded, as well the DCS, the Silver Star, and the Bronze Star with "V" Device.

4.  On 1 April 2008, NARA responded to an inquiry concerning records relating to the applicant's Silver Star award and the DSC recommendation.  The agency said that after searching numerous case files no relevant material could be found.  NARA reminded the requestor of the 1973 fire that destroyed about 
80 percent of military records during the Korean War era.


5.  It appears the applicant provided the HRC, Military Awards Branch the same documentation that he provided with his application to this Board including seven eyewitness statements.  The Military Awards Branch forwarded the applicant's request to upgrade the Silver Star to the DSC to the Army Decorations Board for consideration.  The Army Decorations Board determined that the degree of action and service rendered by the applicant did not meet the strict criteria for award of the DSC.  Based on that board's recommendation, the Commanding General, HRC, on behalf of the Secretary of the Army, disapproved upgrading the applicant's Silver Star to the DSC.

6.  Army Regulation 600-45 (Personnel - Decorations) was the military awards regulation in effect at the time of the applicant’s service.  Section II of this regulation required that awards of the Bronze Star Medal and the Silver Star were to be approved during periods of war.  The Silver Star was 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.  

7.  Paragraph 12 of Army Regulation 600-45 stated that the DSC was awarded to any person who, while serving in any capacity with the Army of the United States, shall have distinguished himself or herself by extraordinary heroism in connection with military operations against an armed enemy.  Paragraph 12b stated the standards for this award as “The act or acts of heroism performed must have been so notable and have involved the risk of life so extraordinary as to set the individual apart from his or her comrades."

8.  Army Regulation 600-8-22 (Military Awards) states the Presidential Unit Citation (then known as the Distinguished Unit Citation) is awarded to units of the Armed Forces of the United States and co-belligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.  The unit must display such gallantry, determination, and esprit de corps in accomplishing its mission under extremely difficult and hazardous conditions as to set it apart and above other units participating in the same campaign.  The degree of heroism required is the same as that which would warrant award of a DCS to an individual.  All members of the unit may wear the decoration, whether or not they personally participated in the acts for which the unit was cited.  Only those assigned to the unit at the time of the action cited may wear the decoration as a permanent award.





DISCUSSION AND CONCLUSIONS:

1.  The Board reviewed the applicant's entire packet and determined that although noteworthy, his actions did not meet the strict criteria for the award of the DSC.  Therefore, in the absence of compelling evidence which shows that the award recommendation and subsequent approval of the award of the Silver Star were flawed, improper or contrary to law, regulation and policy, there is insufficient evidence to warrant upgrade of the applicant's award of the Silver Star to the DSC.

2.  Additionally, for the applicant to say he should have been awarded the DSC because Company A, 5RCT was awarded the Distinguished Unit Citation is a fallacious affirmation of the consequent.  The company, as a whole, fought with extraordinary heroism, not necessarily each individual member of the company.  Thus, the applicant's contribution to the unit's winning the Distinguished Unit Citation, while not individually rising to the same level required for recognition with a DSC, may have nonetheless contributed to the higher recognition of the unit as a whole. 

3.  The Army Decorations Board considered the applicant's entire packet and his actions on 12 and 13 June 1953 in their deliberation for upgrade of the award of the Silver Star to the DSC.  The denial action on behalf of the Secretary of the Army was in accordance with regulatory guidance and was neither flawed nor unjust.  Although the applicant argues his leadership of Company A, 5RCT, during the Korean War is deserving of the DSC, the evidence shows the degree of action and service rendered by him did not meet the strict criteria for the award of the DSC.

4.  In view of the foregoing, there is no basis for granting the applicant's request.  The applicant performed his duty heroically during his time of trial on Outpost Harry in June of 1953.  He was recognized for that duty performance with the award of the Silver Star, and this Board wants the applicant and all others concerned to know that this denial in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090020089



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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