BOARD DATE: 9 November 2010
DOCKET NUMBER: AR20100011947
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 National Archives (NA) Form 13164 be corrected to accurately reflect the military service and awards of his deceased uncle, a former service member (FSM).
2. The applicant states that the NA Form 13164 is incomplete and does not reflect that the FSM was killed in action (KIA) or his awards and decorations.
3. The applicant provides:
* A newspaper article
* An application for headstone
* A photograph of the headstone
* Email messages
* A copy of NA Form 13164
CONSIDERATION OF EVIDENCE:
1. The FSMs military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center (NPRC) in 1973. It is believed that the FSMs records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
2. The FSM was born on 3 August 1913. He was commissioned as a Reserve infantry officer upon graduation from the Reserve Officers' Training Corps (ROTC) program at Clemson University and entered active duty on 1 February 1942.
3. The FSM was serving as an infantry first lieutenant with Company E, 2d Battalion, 22d Infantry Regiment, 4th Infantry Division when he was killed in action in France on 14 June 1944.
4. His decorations and awards include the Silver Star, Bronze Star Medal, Purple Heart, European-African-Middle Eastern Campaign Medal with one bronze service star, World War II (WWII) Victory Medal, Combat Infantryman Badge, and the Honorable Service Lapel Button WWII.
5. Title 10, U.S. Code, section 1552, states the Secretary of a military department may correct any military record of the Secretary's department when the Secretary considers it necessary to correct an error or remove an injustice.
DISCUSSION AND CONCLUSIONS:
1. The NA Form 13164 is not a Department of the Army document and does not fall within the authority of the Board to alter or change.
2. Although there are no provisions to issue a separation document in death cases and since his records were destroyed in the 1973 fire at the NPRC, it would be in the interest of justice for an appropriate document to be prepared for the FSMs descendents to document his service to his nation.
3. In doing so, the appropriate documents should reflect the FSMs:
* Name
* Serial Number
* Rank
* Branch
* Source of Commission
* Date entered active duty
* Date of Birth
* Date of Death
* Place of Death
* Cause of death
* Unit of Assignment
* Decorations and Awards
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 issuing an appropriate certificate reflecting the FSMs:
* Name
* Serial Number
* Rank
* Branch
* Source of Commission
* Date of Birth
* Date of Death
* Place of Death
* Cause of death
* Unit of Assignment
* Decorations and Awards
2. The Board further determined that the evidence presented was 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 correcting the NA Form 13164.
3. The Board wants the applicant and all others to know that the sacrifices made by his late uncle in service to the United States during World War II are deeply
appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100011947
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ABCMR Record of Proceedings (cont) AR20100011947
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