IN THE CASE OF:	  

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20120005117 


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 an upgrade of his deceased father's award of the Distinguished Service Cross to the Medal of Honor.

2.  The applicant states that after a careful analysis of the actions of the 12 Soldiers from the 7th Infantry and the 12th Infantry Regiments who were awarded the Medal of Honor, although impressive, none overshadows what his father, a former service member (FSM), accomplished on 19 April 1951 in the vicinity of Hill 206 near Yonch'on, South Korea.  On that day, his father single-handedly and aggressively attacked and destroyed five enemy positions, eliminating the enemy and destroying their fighting positions and, while gravely wounded, he continued to fight and assist in evacuating his Soldiers.  No other Soldier accomplished such a deed.  He epitomized the warrior ethos and lived his entire life as a hero, providing the example of his bravery and fearlessness to the rest of the nation.

3.  The applicant provides:

* narrative for the Medal of Honor
* proposed citation for the Medal of Honor
* FSM's sworn statement
* General Orders (GO) Number 698
* letter to the Secretary of the Army (SA) from a Member of Congress
* letter from the SA to the Member of Congress
* 
letter from the U.S. Army Human Resources Command (HRC)
* letters of support

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM's records show he enlisted in the Regular Army on 18 December 1940.  He served through multiple reenlistments in a variety of stateside and overseas assignments and he attained the rank/grade of staff sergeant (SSG)/
E-6.

3.  His records show he served in the European theater of operations during World War II, Korea during the Korean War, Puerto Rico, Hawaii, and other locations.  He was issued multiple separation documents and he ultimately retired on 28 February 1962.  He was placed on the Retired List in the rank/grade of SSG/E-6 on 1 March 1962.

4.  Throughout his career, he was awarded or authorized numerous awards, including the:

* Distinguished Service Cross
* Silver Star
* Bronze Star Medal with 1st Oak Leaf Cluster
* Purple Heart
* Army Good Conduct Medal (5th Award)
* American Defense Service Medal
* American Theater Service Medal (currently known as the American Campaign Medal)
* European-African-Middle Eastern Theater Service Medal (currently known as the European-African-Middle Eastern Campaign Medal) with three bronze service stars
* 
World War II Victory Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Carbine Bar

5.  He served in Korea with Company C, 65th Infantry Regiment, 3rd Infantry Division, from on or about 23 September 1950 through on or about 22 July 1951.

6.  The FSM was awarded the Silver Star for gallantry in action while engaged in military conflict with an armed hostile force on 19 April 1951.  GO Number 381 issued by Headquarters, 3rd Infantry Division, dated 26 August 1951, cited the following reason:

[FSM], Infantry, Company C, 65th Infantry, 3rd Infantry Division, U.S. Army.  On 19 April 1951, Company C was assigned the mission of capturing Hill 206, a terrain feature dominating a critical road junction near Yonch'on, Korea.  When the company charged the summit, it encountered stubborn resistance from a well-entrenched enemy force dug in on the southernmost sector.  [FSM], directed to move his squad of the 3rd Platoon forward and approach the hostile positions from another ridgeline, led it toward the objective but almost immediately was forced to seek cover from a vicious fusillade of small arms and automatic weapons fire.  Spotting the location of the positions from which the most severe fire emanated, [FSM] ran forward and hurled a grenade which completely destroyed one emplacement.  Ordering his squad to remain in its protected area, he singlehandedly assaulted a second position.  Three more times, even though knocked to the ground by bursting grenades, he repeated this daring action until an increased volume of fire from the remaining hostile positions severely wounded him as he charged the fifth entrenchment.  [FSM's] bold aggressiveness and courageous gallantry reflect the highest credit upon himself and the military service.

7.  On 7 May 1951, the FSM's commanding officer submitted a WD AGO 
Form 639 (Recommendation for Award) recommending the FSM for award of the Distinguished Service Cross for his actions on 19 April 1951.  He stated the demonstration of courage and leadership displayed by the FSM was much more than normally expected of him.  His intrepid actions required great courage and valor and that due to his deed, a higher number of casualties was avoided.  If he had not acted as he did, the casualties within the company would have been much heavier and the accomplishment of the mission would not have been possible.  The following actions were taken in relation to this recommendation:

	a.  The recommendation was accompanied by sworn statements, dated 7 May 1951, from the platoon leader, First Lieutenant R____ D. S____, and the company commander, First Lieutenant S____ K. B____, who were both present and witnessed the action.

	b.  The battalion commander, Major K____ R. R____, 1st Battalion, 65th Infantry Regiment; the regiment commander, Colonel W____ W. H____, 65th Infantry Regiment; and the Commanding General, 3rd Infantry Division, recommended approval of award of the Distinguished Service Cross.

	c.  The recommendation was staffed through the chain of command, 8th U.S. Army Korea, wherein an assistant adjutant general indicated the award of the Silver Star would be revoked if award of the Distinguished Service Cross were approved.  He also indicated the Decorations and Awards Board, 8th U.S. Army Korea, recommended award of the Distinguished Service Cross.

	d.  The 8th U.S. Army Korea G-1 and Chief of Staff both recommended approval of the Distinguished Service Cross.

	e.  The 8th U.S. Army Korea Commanding General approved award of the Distinguished Service Cross on 7 September 1951.

8.  On 16 September 1951, the award of the Silver Star announced in GO Number 381 by Headquarters, 3rd Infantry Division, was superseded and the FSM was awarded the Distinguished Service Cross for extraordinary heroism in action while engaged in military conflict with an armed hostile force on 19 April 1951.  GO Number 698 issued by Headquarters, 8th U.S. Army Korea, dated 16 September 1951, cited the following reason:

[FSM], Infantry, U.S. Army.  [FSM], a member of Company C, 65th Infantry Regiment, 3rd Infantry Division, distinguished himself by extraordinary heroism in action against the enemy in the vicinity of Yonch'on, Korea, on 19 April 1951.  On that date, Company C was assigned the mission of capturing Hill 206, a terrain feature dominating a critical road junction.  When the company assaulted the summit, it encountered stubborn resistance from a well-entrenched and fanatically determined hostile force.  [FSM], directed to move his squad forward in order to approach the enemy positions from another ridgeline, led his men toward the objective, but, almost immediately, the group was forced to seek cover from an intense and accurate volume of small-arms and automatic-weapons fire.  Locating the hostile emplacements that posed the greatest obstacle to the advance of the friendly forces, [FSM] left his position and, charging directly into the devastating enemy fire, he hurled a grenade at the first emplacement, totally destroying it.  Ordering his squad to remain under cover, he successfully and singlehandedly assaulted the second enemy position.  Although knocked to the ground by exploding enemy grenades, [FSM] repeated this daring action three more times.  Finally, an increased volume of fire from the remaining hostile emplacements was concentrated on him and he was wounded.  The extraordinary heroism and completely selfless devotion to duty displayed by [FSM] throughout this action enabled the company to secure its objective successfully with a minimum of casualties, reflect great credit on himself, and are in keeping with the highest traditions of the military service.

9.  In 1998, the FSM requested documentation for his Distinguished Service Cross from the National Personnel Records Center (NPRC), St. Louis, MO.  Thereafter he began a campaign to have his Distinguished Service Cross upgraded to a Medal of Honor.  On 11 September 1998, a retired Army first sergeant submitted a DA Form 638 (Recommendation for Award) to the Army Decorations Board, HRC, requesting the Medal of Honor.  The request was accompanied by a letter from the FSM's Member of Congress to the Commanding General, HRC, with an affidavit from the FSM, a sketch, and other related documents.

10.  In a letter, dated 5 January 2006, the Chief, Military Awards Branch, HRC, responded to the Representative in Congress that a review of the Distinguished Service Cross for possible upgrade to award of the Medal of Honor was conducted.  In this regard, the Army Decorations Board determined the degree of action and service rendered by the FSM did not meet the criteria for award of the Medal of Honor.  Based on the board's recommendation, the Commanding General, HRC, disapproved award of the Medal of Honor on behalf of the SA affirming that the previously-approved award of the Distinguished Service Cross was the appropriate recognition for the FSM's heroic actions.

11.  The applicant provided the following supporting statements:

	a.  a narrative recapping the events that occurred on 19 April 1951 as well as a recommended citation.  In the narrative, he restated that 12 other Soldiers from the 7th and 15th Regiments were awarded the Medal of Honor, but their actions did not overshadow those of the FSM;

	b.  an affidavit from the FSM, dated September 1998, wherein he also recapped the events that occurred on 19 April 1951;

	c.  a letter from a Member of Congress to the SA, dated 23 August 2011, requesting a review of the FSM's award for potential upgrade to a Medal of Honor;

	d.  a letter from the SA, as well as a letter from the HRC Deputy Commanding General, stating the FSM's case was reviewed in 1999 and 2005 (the 2005 review was required by law) and in both instances the Army Decorations Board determined the Distinguished Service Cross was the appropriate award;

	e.  a statement from an official of a veterans' organization, dated 21 August 2011, wherein he states the FSM's accomplishments should be taken into consideration for award of the Medal of Honor; and

	f.  a letter from an official from a national association to a Member of Congress, dated 7 July 2011, wherein he states he supports a review of the Medal of Honor for the FSM.

12.  The Medal of Honor, Title 10, U.S. Code, section 3741, was established by Joint Resolution of Congress on 12 July 1862 (amended by acts on 9 July 1918 and 25 July 1963).  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 or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.  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 of this decoration will be considered on the standard of extraordinary merit.

13.  Army Regulation 600-8-22 provides for the following awards:

	a.  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 act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.

	b.  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.

DISCUSSION AND CONCLUSIONS:

1.  The Army awards system recognizes and reacts to distinguishing acts of valor and bravery for Soldiers.  The commander on the ground acts as a steward to ensure the proper recognition of our brave men and women.  The Army has always been fully committed to the responsibility of properly recognizing Soldiers for their valor, heroism, and meritorious service through a fair and consistent decorations and awards policy and process.

	a.  Awards and decorations are very important to Soldiers.  Equally important is the governance of the awards program.  For the awards program to be credible to the Soldiers and the American people, it must ensure that it recognizes individuals with a military award worthy of their accomplishments and acts of valor.  It must ensure the integrity of the award is maintained through strict procedures and proper justifications.  Finally, it must place trust and confidence in commanders to properly execute the program.

	b.  The criteria for military awards are set forth in statutes, executive orders, and appropriate regulations.  The criteria for the three highest valor awards are established by law and have not changed from what they were in past conflicts.  Army regulation and policy establish the standards by which those awards are processed, approved, and presented.  This consistency upholds the heritage of the awards and the legacy of the heroes who have earned them.

	c.  Army policy allows any Soldier to recommend another Soldier for an award.  The Army's awards program relies on those with first-hand knowledge of a Soldier's heroic or valorous action to recommend the Soldier for the appropriate award.  Award recommendations are sent up through the Soldier's chain of command to company, battalion, brigade, division, and corps commanders.  Commanders at every level of review can recommend approval or upgrade of the award based upon their authority.  Commanders with authority to approve awards also have the authority to downgrade or disapprove awards based on their judgment, knowledge, and the criteria established for the award.  Command involvement is critical for program success.

2.  The highest awards for valor are, in descending order, the Medal of Honor, the Distinguished Service Cross, and the Silver Star.
	a.  Medal of Honor –The Medal of Honor is awarded by the President in the name of Congress to a service member who distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.  The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades and must have involved risk of life.  Incontestable proof of the performance of the service is required and each recommendation for the award of this decoration will be considered on the standard of extraordinary merit.  Again, only the President can award the Medal of Honor.

	b.  Distinguished Service Cross – The second highest award bestowed upon a Soldier for valor is the Distinguished Service Cross.  The Distinguished Service Cross is awarded to a Soldier who distinguishes himself or herself by extraordinary heroism not justifying the award of a Medal of Honor while engaged in an action against an enemy of the United States, while engaged in military operations involving conflict with an opposing/foreign force, or while serving with friendly foreign forces engaged in an armed conflict against an opposing Armed Force in which the United States is not a belligerent party.  The act or acts of heroism must be so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.  Today, the Distinguished Service Cross is approved by the Secretary of the Army.

	c.  Silver Star – Finally, the third highest award for combat heroism is the Silver Star.  The Silver Star is awarded to a Soldier who is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  The required gallantry, while of a lesser degree than that required for award of the Distinguished Service Cross, must nevertheless have been performed with marked distinction.

3.  As evidenced by the above descriptions, there exists a very fine distinction between "conspicuous gallantry and intrepidity," "extraordinary heroism," and "gallantry in action."  Often times, the degree of heroism required for a particular award is blurred and subject to personal interpretation.  What is not subject to interpretation is the selfless sacrifice demonstrated by all recipients of these three highest awards for valor.  All recipients are, without doubt, true American heroes.

4.  The FSM's valor and courage on 19 April 1951 under extremely hazardous conditions is acknowledged and applauded; he is truly an American hero.  However, it is extremely difficult to make the necessary distinctions as to whether a particular act constitutes "conspicuous gallantry and intrepidity," "extraordinary heroism," or "gallantry in action."

5.  While the applicant believes the FSM's actions were similar to or overshadow those of other Soldiers who were awarded the Medal of Honor, each case stands on its own merits.  In this case, the FSM's record shows he was clearly cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force in Korea.  A decision was made to initially award him the Silver Star.

6.  However, his chain of command felt his actions warranted a higher award.  Upon further review, it was determined that his actions rose above "gallantry in action" to the level of "extraordinary heroism."  Accordingly, he was recommended for award of the Distinguished Service Cross.  His award was staffed through the entire chain of command from the platoon leader to the Commanding General, 8th U.S. Army Korea.  The award of the Distinguished Service Cross was ultimately approved and the Silver Star was rescinded.

7.  The decision of whether to award an individual a decoration and which decoration to award is a judgment call made by the commander having award approval authority.  Commanders at the time of the act, or shortly thereafter, determined the FSM's actions were so extraordinary and so noteworthy as to warrant award of the Distinguished Service Cross.

8.  The FSM's award has since been reviewed and re-reviewed for an upgrade to the Medal of Honor.  However, the Army Decorations Board determined the degree of action and service rendered by the FSM did not meet the criteria for award of the Medal of Honor.  Based on the board's recommendation, the Commanding General, HRC, on behalf of the SA, disapproved award of the Medal of Honor affirming that the previously-approved award of the Distinguished Service Cross was the appropriate recognition for the FSM's heroic actions.

9.  The Army Decorations Board was able to evaluate the FSM's act of heroism against other acts of heroism from the Korean era which did result in award of the Medal of Honor.  The board of seasoned senior members opined that the FSM's actions did not rise to the level of "conspicuous gallantry and intrepidity" in action necessary to merit an upgrade to the Medal of Honor.  Therefore, an upgrade of his Distinguished Service Cross is not warranted.

10.  There is no change in the account of the FSM's actions in 1951 or new evidence presented that would suggest an error or an injustice was committed by all three echelons of the Army, tactical (3rd Infantry Division chain of command), operational (8th U.S. Army Korea), or strategic (HRC Army Decorations Board).  As such, after a thorough review of the FSM's actions and those by his chain of command, the Board affirms the decision that the Distinguished Service Cross remains the appropriate award and there is no reason to change it.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

2.  The FSM is a true American hero; his selfless act of bravery and devotion to duty were in keeping with the highest traditions of the military service.  The award of the Distinguished Service Cross is the appropriate recognition.  In making this determination, the applicant and all others concerned should know this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  All Americans should be justifiably proud of his service in arms.



      ___________XXX______________
                 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)                                         AR20120005117



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ABCMR Record of Proceedings (cont)                                         AR20120005117



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