BOARD DATE: 5 January 2010
DOCKET NUMBER: AR20090012190
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 correction of his records to show award of the Silver Star.
2. The applicant states he was recommended for award of the Silver Star by Sergeant P____ on approximately 22 February 1945. He states the recommendation was forwarded to Lieutenant M____ of Company B, 335th Regiment, 34th Infantry Division, for outstanding performance during engagement with the enemy by exposing himself to enemy fire while cutting a barbed wire entanglement. He states that the recommendation was forwarded by Lieutenant M____ on or about 5 March 1945. He states that this recommendation was lost or misplaced in the hustle for troops to come home or for some other reason.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), DD Form 214 (Report of Separation from the Armed Forces of the United States), WD AGO Form 100 (Separation Qualification Record), and numerous documents related to previous requests to other sources for assistance in securing awards 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 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 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 available for the Board to conduct a fair and impartial review of this case.
3. The applicant's military records show he was inducted into the Army of the United States on 13 April 1944. He was awarded the military occupational specialty of half track driver and was discharged on 1 July 1946. He enlisted in the Regular Army on 17 February 1948, was promoted to the rank of corporal, and served until he was honorably discharged on 25 February 1952.
4. The applicant's WD AGO Form 53-55 and WD AGO Form 100 show he was assigned to the 84th Infantry Division and 4th Cavalry Reconnaissance Squadron while serving in the European theater of operations from November 1944 to March 1946.
5. A copy of a WD AGO Form 106 (Request for Decoration and/or Citation) with a date of request of 29 March 1946 shows that the applicant claimed he was recommended for award of the Silver Star for outstanding performance during engagement with the enemy. The act involved the applicant personally exposing himself to enemy fire to cut a barbed wire entanglement. The document shows that he claimed the recommendation was forwarded on about 5 March 1946 at a rest area in Krefeld, Germany.
6. A letter addressed to him from The Adjutant General's Office Records Administration Center, dated 6 September 1946, indicated that orders awarding him the Silver Star had not been received. The letter indicated that if he submitted another request at a later date that perhaps an order would have been received which could be used as authority for presenting him this award.
7. Available records are void of any orders or other documents that indicate he was ever recommended for or awarded the Silver Star by proper authority.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant indicates he was recommended for award of the Silver Star. However, just because a Soldier is recommended for an award does not necessarily mean the Soldier will receive the award. The recommendation could be disapproved. There is no evidence of record and the applicant did not provide any evidence to show the recommendation for this award was approved.
2. Regrettably, in view of the foregoing there is an insufficient basis on which to grant 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) AR20090012190
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