IN THE CASE OF:	  

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080006457 


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 he be awarded the Silver Star and Purple Heart.

2.  The applicant states, in effect, that during the attack on Okinawa he was placed in charge as acting sergeant by his commander, who died in his arms and after the attack, he was awarded the Silver Star.  He goes on to state that he does not remember being pinned but a friend of his who was a marine was there to witness it and provides a statement to that effect.  He also states that he was wounded on several occasions during other assaults and was recommended for award of the Silver Star on several occasions; however, his commanders always died during the battle and the paperwork was never completed.  He further states that he should have received multiple awards of the Purple Heart.  He also states that he served in Korea and was exposed to Agent Orange, which may have led to his having prostate cancer.   

3.  The applicant provides a two-page letter explaining his application, copies of his request for records, a copy of his WD AGO Form 53-55 (Report of Separation), a copy of his Separation Qualification Record (WD AGO Form 100), a copy of his Honorable Discharge Certificate, a third party statement from a former marine, and copies of medical consults and progress notes.

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 applicant’s 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 applicant’s 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 applicant was born on 10 June 1926 and was inducted in San Francisco, California on 21 September 1944.  He completed his training as an infantryman and was transferred to the Asiatic-Pacific Theater (APT) of Operations on 23 February 1945 and was assigned to the 184th Infantry Regiment, a California Army National Guard Regiment.  

4.  On 1 April 1945, the 184th, as part of the 7th Infantry Division, landed on Okinawa.  On 9 April, the 184th seized “Tomb Hill”, after intensive supporting artillery fire.  By now, companies were losing 30 to 50 men per day in casualties as the Japanese tenaciously defended Gala Ridge and later, defensive positions along the Naha-Shuir-Yanabarau Road.  Despite the suicidal resistance, the 184th was finally able to outflank the enemy in a driving rainstorm and cut off their forces on the Chenin Pennisula.  By 30 June 1945, resistance had ended and the 184th mission was complete.  The development of the “A” Bomb led to the bombings of Hiroshima and Nagasaki.  At the time the 184th Infantry was preparing to participate in the invasion of Japan.  With the Japanese surrender onboard the USS Missouri, the invasion of Japan was cancelled and the 184th diverted to occupy Korea.  Relieved by the 31st Infantry Regiment, the 184th returned home to California in the fall of 1945.      

5.  Meanwhile, the applicant was transferred to the 31st Infantry Regiment and was promoted to the rank of sergeant on 8 October 1945.  He remained in Korea until 17 August 1946, when he was returned to Camp Beale, California.  

6.  On 3 November 1946, the applicant was honorably discharged at the convenience of the government due to demobilization.  He had served 2 years, 1 month and 13 days of active service and his WD AGO Form 53-55 reflects that he participated in the RYUKUS Campaign and he was awarded the Combat Infantryman Badge, the Asiatic-Pacific Campaign Medal, the Good Conduct Medal, the Army of Occupation Medal and the World War II Victory Medal.  In block 34 of that form, under “Wounds Received in Action” is the entry “None.”  The applicant authenticated that form with his signature and right thumb print. 

7.  On 30 July 2007, the National Personnel Records Center awarded the applicant the Bronze Star Medal based on his award of the CIB.  

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
 
10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

11. Section 1130, Title 10, United States Code 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.  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.  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 requester.

12.  Army Regulation 600-8-22 (Military Awards) also states it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration to submit a formal recommendation into military command channels for consideration within 2 years of the act, achievement, or service to be honored.  The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration.

13.  Agent Orange is the code name for a powerful herbicide and defoliant used by the United States military in its Herbicidal Warfare Program during the Vietnam War.  Agent Orange was also used in Korea in the 1960s by Republic of Korea troops who sprayed along the demilitarized zone (DMZ).

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claims are not in doubt, he has failed to show through the evidence submitted with his application and the evidence of record that he was in fact awarded the Silver Star or that he was recommended for award of the Silver Star and the recommendation was not processed to completion. 

2.  Although the applicant is not precluded from seeking relief under Title 10, Section 1130, there is insufficient evidence at this time to warrant awarding the applicant the Silver Star for gallantry in action during WWII.  This is further complicated by the absence of records and the passage of time (63 years). 

3.  The applicant has also failed to show through the evidence submitted with his application and the evidence of record sufficient evidence to establish that he was wounded in action against the enemy, that he was treated by medical personnel and that the treatment was made a matter of record.  Therefore, in the absence of such evidence, there appears to be no basis to award him the Purple Heart.    

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.    



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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during WWII.  The applicant and all Americans should be justifiably proud of his service in arms.





      _______ _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)                                         AR20080006457





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ABCMR Record of Proceedings (cont)                                         AR20080006457



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