RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050004156


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her late father's records be
corrected to show he was awarded the Silver Star.

2.  The applicant states, in effect, that the former service member (FSM)
was awarded the Silver Star for his gallantry in action during World War I.

3.  The applicant provides a copy of her birth certificate and copies the
FSM's Form Number 525, AGO, (Honorable Discharge from the Army of the
United States, dated 8 August 1919; War Department, The Adjutant General's
Office letter, dated 31 December 1940; National Personnel Records Center
letter, dated 19 November 2004; and the FSM's death certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
8 August 1919, the date of the FSM's discharge from the Army.  The
application submitted in this case is dated 20 February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The FSM's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records.

4.  The FSM's Form Number 525 AGO shows that he enlisted in the Army on
11 August 1917, served during World War I, and was assigned to Company L,
11th Infantry, American Expeditionary Forces from 24 April 1918 to 25
January 1919.  This document also shows that the FSM was wounded in action
in France on 12 September 1918, attained the grade of sergeant, and was
honorably discharged from the Army on 8 August 1919.


5.  The applicant provides a copy of War Department, The Adjutant General's
Office letter, dated 31 December 1940, pertaining to the FSM.  This
document shows that the FSM was wounded in action on 12 September 1918 and
also served to inform the FSM "that the records show that he is also
entitled to the Silver Star decoration, on account of his having been cited
in orders for gallantry in action."  This document goes on to state, in
pertinent part, "If this decoration is desired, application therefore
should be submitted to The Adjutant General of the Army, War Department,
Washington, D.C., on the blank form inclosed for that purpose."  The
applicant also provides a copy of the FSM's discharge document and a letter
from the National Personnel Records Center, which supports the FSM's
entitlement to, in pertinent part, the World War I Victory Medal (Silver).

6.  Information obtained from The Institute of Heraldry (TIOH), an
organization operating under the Office of Administrative Assistant to the
Secretary of the Army, shows that the Citation Star was established as a
result of an Act of Congress on 9 July 1918 (65th Congress, Session II,
Chapter 143, page 873) and was promulgated in War Department Bulletin
Number 43, dated 1918.  It was retroactive to include those cited for
gallantry in action in previous campaigns back to the Spanish-American War.
 A letter from General Jervey, Office of the Chief of Staff, dated 26
February 1926, is quoted in part, "The Secretary of War directs as follows
- The following is the amended version of paragraph 187 of Army Regulation,
"No more than one Medal of Honor or one Distinguished Service Cross or one
Distinguished Service Medal shall be issued to any one person, but for each
succeeding or act sufficient to justify the award of a Medal of Honor or
Distinguished Service Cross or Distinguished Service Medal, respectively, a
bronze oak leaf cluster, shall be issued in lieu thereof; and for each
citation of an officer or enlisted man for gallantry in action, published
in orders from headquarters of a force commanded by a general officer, not
warranting the issue of a Medal of Honor, Distinguished Service Cross or
Distinguished Service Medal, he shall wear a silver star, 3/16 inch in
diameter, as prescribed in Uniform Regulations"."  Army Regulation 600-40,
paragraph 48,
27 September 1921, specified that the Citation Star would be worn above the
clasp, on the ribbon of the service medal for the campaign for service in
which the citations were given.  On 19 July 1932, the Secretary of War
approved the Silver Star medal to replace the Citation Star.  This design
placed the Citation Star on a bronze pendant suspended from the ribbon
design.  The star was no longer attached to a service or campaign ribbon.




7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the World War I Victory Medal for service between 6 April 1917
and
11 November 1918.  This document also shows that battle clasps, service
clasps, and service stars are authorized appurtenances to be worn on the
World War I Victory Medal.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver
Star is awarded for gallantry in action against an enemy of the United
States while engaged in military operations involving conflict with an
opposing foreign force.  The required gallantry (spirited and conspicuous
acts of heroism and courage) must have been performed with marked
distinction.  This document also shows that Soldiers who received a
citation for gallantry in action in World War I, published in orders issued
by a headquarters commanded by a general officer, may have the citation
converted to the Silver Star medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the FSM's records should be
corrected to show award of the Silver Star medal based upon documentation
she provides that was issued by The Adjutant General's Office confirming
the award.

2.  The evidence of record shows that The Adjutants General's Office of the
War Department, in effect, confirmed that the FSM had been cited in orders
issued by a headquarters commanded by a general officer for gallantry in
action in World War I, thereby entitling him to the Silver Star.  In
addition, the National Personnel Records Center confirmed this entitlement
and authorized issuance of the appropriate service medal and appurtenance
(i.e., the World War I Victory Medal with Silver Citation Star).

3.  The evidence of record shows that the FSM is also entitled to a
conversion award of the Silver Star for having been cited in orders for
gallantry in action in World War I.  Therefore, the FSM is entitled to
correction of his records to show award of the Silver Star medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 August 1919, the date of his
discharge.  Therefore, based on the date the Board was established, 2
January 1947, the time for the applicant to file a request for correction
of any error or injustice expired on 1 January 1950.  Although the request
was not submitted within the ABCMR's statute of limitations, it would be in
the interest of justice to waive failure to timely file in view of the
compelling evidence in this case.

BOARD VOTE:

__JNS___  __LGH__  __MJF __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  awarding the FSM the Silver Star for gallantry in action in World
War I; and

      b.  correcting the FSM's Form Number 525 AGO by adding the Silver
Star.




                             ____JOHN N. SLONE____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004156                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19190808                                |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0007.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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