IN THE CASE OF:
BOARD DATE: 3 June 2010
DOCKET NUMBER: AR20090020216
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, the daughter in law of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service) to show award of the Silver Star.
2. The applicant states:
* the Silver Star is noted in item 29 (Decorations and Citations) on the FSM's WD AGO Form 53-98
* family members remember hearing the FSM speak of receiving the Silver Star
3. The applicant provides a copy:
* of the FSM's WD AGO Form 53-98, which shows the Silver Star in
item 29
* of a letter from the National Personnel Records Center in St. Louis, MO, dated 8 May 2009
* of copy 2 (The Adjutant General (201 File Copy) of the FSM's WD AGO Form 53-98, which does not show the Silver Star in item 29
* of the FSM's Certificate of Death
* of the FSM's son's Certificate of Birth
* of the applicant's Marriage License
* of the FSM's son's Louisiana Personal Driver's License
* the applicant's Louisiana Personal Driver's License
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 FSM entered active duty on 21 August 1942. He served in the European-African-Middle Eastern (EAME) Theater of Operations from 17 September 1943 to 30 July 1944. On 5 July 1947, he was released from active duty.
3. Item 29 of the FSM's WD AGO Form 53-98 contained in his service personnel records shows the American Defense Service Ribbon, Purple Heart, Victory Ribbon (correctly known as the World War II Victory Medal), EAME Theater Ribbon (correctly known as the EAME Campaign Medal), and American Theater Ribbon (correctly known as the American Campaign Medal) as authorized awards.
4. The WD AGO Form 53-98 provided by the applicant appears to be altered. Item 29 of this form shows the entry "Silver Star" in addition to the award listed on the record copy of FSM's WD AGO Form 53-98.
5. There are no orders for the Silver Star in the available records.
6. The applicant provided a letter from the National Personnel Records Center in St. Louis. This letter states, in pertinent part, "The separation document you provided appears to have been altered. It does not match the original document (copy enclosed) found in the service record archived to this center by the Department of the Army. We conducted a thorough review of the veteran's record and we also checked a list of Silver Star recipients; however, no entry was found to show the veteran is authorized the Silver Star."
7. 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.
DISCUSSION AND CONCLUSIONS:
1. The WD AGO Form 53-98 provided by the applicant shows the Silver Star as an authorized award. The WD AGO Form 53-98 contained in the FSMs service personnel records does not show the Silver Star as an authorized award. It appears that the WD AGO Form 53-98 provided by the applicant was altered subsequent to its issuance on 5 July 1947.
2. There are no orders for the Silver Star in the available records. Therefore, regrettably, there is insufficient evidence on which to base adding the Silver Star to the FSM's WD AGO Form 53-98.
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) AR20090020216
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ABCMR Record of Proceedings (cont) AR20090020216
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