IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080007504
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 widow of a deceased former service member (FSM), requests, in effect, that her late husbands DD Form 214 (Report of Separation from Active Duty) for the period ending 19 September 1975 be corrected to show the Silver Star.
2. The applicant states that her husband earned a Silver Star during the Korean Conflict and that she has the uniform medal and the Silver Star presentation box.
3. The applicant provides a copy of the FSMs death certificate and photographs of medals, ribbons, and a uniform.
CONSIDERATION OF EVIDENCE:
1. Having prior service, the FSM enlisted on 14 January 1948. He served in Korea from 19 September 1950 to 25 April 1951 and was honorably discharged on 14 September 1951.
2. The FSMs DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 14 September 1951 does not show the Silver Star as an authorized award.
3. There are no orders for the Silver Star in the available records.
4. Section 21 (Medals, Decorations, and Citations) on the FSMs Service Record for the period covering 14 January 1948 to 14 September 1951 does not show the Silver Star.
5. The FSM remained on active duty through continuous reenlistments until he retired on 19 September 1975 by reason of physical disability.
6. The FSMs DD Form 214 for the period ending 19 September 1975 does not show the Silver Star as an authorized award.
7. The FSM died on 10 October 2007.
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. A review of award files for the 31st Infantry Regiment and the 7th Infantry Division, located at the U. S. Army Human Resources Command, failed to locate general orders awarding the FSM the Silver Star. A review of unit files, located at the National Archives, College Park, MD, failed to locate general orders awarding the FSM the Silver Star.
DISCUSSION AND CONCLUSIONS:
There are no orders for the Silver Star in the available records. In the absence of orders, the photographs provided by the applicant are not sufficient as a basis for award of the Silver Star. Regrettably, there is insufficient evidence on which to base award of the Silver Star in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ __xx____ 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 FSM in service to our Nation. The applicant and all Americans should be justifiably proud of the FSMs service in arms.
_______ _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.
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