IN THE CASE OF:
BOARD DATE: 2 April 2009
DOCKET NUMBER: AR20080019037
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, in effect, that his records be corrected to show he was awarded the Silver Star and that he then be issued the Silver Star.
2. The applicant states that he earned and was given the Silver Star, but it was stolen from him. He further states that his records were lost in the fire in St. Louis, MO.
3. The applicant provides a WD AGO Form 100 (Separation Qualification Record) and WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) in support of this 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 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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. The information contained herein was submitted by the applicant.
3. The applicants WD AGO Form 53-55 shows he was inducted into the Army of the United States, on 14 June 1943, and he entered active service, on 28 June 1943. He was awarded the military occupational specialty of infantryman.
4. On 17 February 1946, the applicant was honorably discharged after completing 2 years, 7 months, and 20 days of active service. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 does not contain an entry for the Silver Star.
5. The available evidence does not contain any General Orders or any other evidence that show he was recommended for or awarded the Silver Star.
6. Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. In pertinent part, this regulation states that for U.S. military decorations the only acceptable source
documentation is the order, letter, or memorandum that awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence that the applicant was recommended for award of the Silver Star.
2. As such, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ____X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ 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) AR20080019037
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