BOARD DATE:	  February 17, 2010

		DOCKET NUMBER:  AR20090015155 


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 award of the Silver Star.  (He might be requesting a silver service star.)

2.  The applicant states the DA Form 1577 (Authorization for Issuance of Awards) shows he should have received a Silver Star.  It appears the applicant may be referring to a silver service star for wear on his European-African-Middle Eastern Campaign Medal as shown in block 6 of the DA Form 1577.

3.  The applicant provides a copy of a DA Form 1577, dated 1 April 1995, in support of 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 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's WD AGO Form 53-55 (Enlisted Record and Repot of Separation - Honorable Discharge) shows he was inducted into the Army of the United States on 5 April 1943 and entered active duty on 12 April 1943.  His WD AGO Form 53-55 shows he served in Africa from 23 September 1943 through 23 November 1945.

4.  Headquarters, Third Infantry Division, General Orders Number 389, dated 30 November 1945, show the applicant was awarded the Combat Medical Badge.

5.  The applicant was discharged on 8 December 1945.  His WD AGO 
Form 53-55 shows the Army Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with arrowhead, the French Croix de Guerre, and the World War II Victory Medal as authorized awards.

6.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows he received credit for participation in the Naples-Foggia, Rome-Arno, Southern France, Rhineland, and Central Europe campaigns.

7.  A DA Form 1577, dated 1 April 1995, shows the applicant was issued awards of the Bronze Star Medal, the Army Good Conduct Medal, the Presidential Unit Emblem, the European-African-Middle Eastern Campaign Medal with one silver service star, the World War II Victory Medal, the Combat Medical Badge, the Honorable Service Lapel Button (World War II) and the Driver and Mechanic Badge with Driver "W" Bar.  This form does not show he was issued a Silver Star.

8.  Army Regulation 600-8-22 (Military Awards) states 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 states a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation will be worn on the appropriate service medal, including the European-African-Middle Eastern Campaign Medal.  A silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 600-8-22 provides 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 for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

11.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  The request for an award with a DA Form 638 (Recommendation for Award) must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA  22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  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 Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Silver Star based on the DA Form 1577, dated 1 April 1995, is noted.  However, the DA Form 1577 actually shows the applicant was issued a silver service star for wear on his European-African-Middle Eastern Campaign Medal, not an award of the Silver Star.

2.  While there is insufficient documentation and evidence for awarding the applicant the Silver Star, this in no way affects the applicant's right to pursue his claim for the Silver Star by submitting a request with an award recommendation and supporting evidence through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130, if he believes this award is justified.

3.  The applicant received credit for participation in five campaigns in the European-African-Middle Eastern theater of operations.  Therefore, his records should be corrected to show one silver service star for wear on his European-African-Middle Eastern Campaign Medal.

4.  General orders show the applicant was awarded the Combat Medical Badge in November 1945.  Therefore, his records should be corrected to show award of the Combat Medical Badge.

5.  Based on the applicant's award of the Combat Medical Badge during World War II, he is authorized award of the Bronze Star Medal and correction of his records to show this decoration.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x___  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Bronze Star Medal based on award of the Combat Medical Badge;

	b.  amending his WD AGO Form 53-55 by deleting the European-African-Middle Eastern Campaign Medal with bronze arrowhead and replacing it with the European-African-Middle Eastern Campaign Medal with bronze arrowhead and one silver service star; and

	c.  amending his WD AGO Form 53-55 by adding awards of the Bronze Star Medal and the Combat Medical Badge.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Silver Star.



      ____________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)                                         AR20090015155



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ABCMR Record of Proceedings (cont)                                         AR20090015155



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