IN THE CASE OF:
BOARD DATE: 15 October 2008
DOCKET NUMBER: AR20080005817
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, as the daughter of a deceased former service member (FSM), requests that her late fathers WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show award of the Silver Star.
2. The applicant states, in effect, that her father was awarded the Silver Star but it was never put on his discharge document. She also points out that some records were destroyed in a fire.
3. The application indicates that she provided a copy of an engraved medal; however, this was not provided with his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The FSMs military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the FSMs records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The FSM was inducted on 24 January 1942. He served in the Asiatic-Pacific Theater of Operations from 20 April 1942 until approximately 12 November 1944.
4. The FSM was honorably discharged with a certificate of disability on 24 March 1945.
5. The FSMs WD AGO Form 53-55 does not show the Silver Star as an authorized award.
6. Headquarters, 27th Infantry Division General Orders Number 97, dated
17 November 1944, show the FSM received the Silver Star for gallantry in action at Saipan, Marianas Islands, on 6 July 1944.
DISCUSSION AND CONCLUSIONS:
Orders show the FSM received the Silver Star. Therefore, his WD AGO Form 53-55 should be corrected to show this award.
BOARD VOTE:
__XX______ ____XX____ ____XX____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Silver Star to his WD AGO Form 53-55.
______XXXX_ _ _______ ___
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) AR20080005817
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ABCMR Record of Proceedings (cont) AR20080005817
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