IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100007801 


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 that the spelling of his last name on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected and he be awarded the Silver Star and the Bronze Star Medal. 

2.  The applicant states his WD AGO Form 53-55 incorrectly shows his last name contains double "oo" and a single "l."  All of the other documents available correctly show his last name contains one "o" and double "ll."  His platoon commander give him a piece of paper saying he was being recommended for the Silver Star.  He requests award of the Bronze Star Medal based on receipt of the Combat Infantryman Badge during WW II.

3.  The applicant provides copies of his Social Security Card, New Jersey driver's license, WD AGO Form 53-55, an Honorable Discharge Certificate, a WD AGO Form 100 (Separation Qualification Record), and a Final Payment - Work Sheet.

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  The applicant's Honorable Discharge Certificate, WD AGO Form 100, and Final Payment - Work Sheet all show the correct spelling of his name as S—oll.
However, his WD AGO Form 53-55 incorrectly shows the spelling of his last name as S__ool.

4.  The WD AGO Form 53-55 shows the applicant was awarded the Good Conduct Medal, American Theater Service Ribbon, European-African-Middle Eastern Campaign Medal, and the World War II Victory Medal.  He participated in four campaigns and qualified for the Combat Infantryman Badge.

5.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States, while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.  

	b.  that World War II holders of the Combat Infantryman Badge are entitled to an award of the Bronze Star Medal; and 

	c.  a bronze service star is worn on the appropriate service ribbon, to include the European-African-Middle Eastern Campaign Medal, for each credited campaign.

6.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

7.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his WD AGO Form 53-55 incorrectly shows his last name contains double "oo" and a single "l."  All of the other documents available correctly show his last name contains one "o" and double "ll."  His platoon commander give him a piece of paper saying he was being recommended for the Silver Star.  He requests award of the Bronze Star Medal based on receipt of the Combat Infantryman Badge during WW II.

2.  There is no evidence that the applicant ever served under any name except S__oll.  Therefore, it is appropriate to correct the applicant's WD AGO 53-55 to show this name.  

3.  The applicant is authorized the Bronze Star Medal based on his receipt of the Combat Infantryman Badge during WW II.  It is appropriate to correct the record by awarding him this medal.

4.  The applicant served in four campaigns and is authorized to wear four bronze service stars on his European-African-Middle Eastern Campaign Medal.  It is appropriate to correct the record to reflect this fact.

5.  With the loss of the applicant's personnel records, it is impossible to validate his statement that he was recommended for award of the Silver Star.  Therefore, it is not appropriate to correct the record and award the applicant the Silver Star at this time.

6.  While the available evidence is insufficient for awarding the applicant a Silver Star, this in no way affects his right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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.  amending his WD AGO Form 53-55 to show the correct spelling of his last name as S__oll, 

	b. awarding him the Bronze Star Medal based on his receipt of the Combat Infantryman Badge during WW II; and 

	c.  correcting his WD AGO Form 53-55 to show he is authorized to wear four bronze service stars on his European-African-Middle Eastern Campaign Medal and to add the Bronze Star Medal.

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)                                         AR20100007801



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)