BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100014927
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, in effect, award of the Purple Heart and Silver Star.
2. The applicant states he was wounded in action and never received the Purple Heart or the Silver Star commendation.
3. The applicant provides:
* Letter, dated 9 August 1945, pertaining to his campaign credits and decorations
* Orders for the Combat Infantryman Badge and Bronze Star Medal
* Award of Disability Compensation or Pension, dated 11 February 1946
* WD AGO Form 53-55 (Enlisted Record and Report of Separation)
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 applicants 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 applicants 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 was inducted into the Army of the United States in October 1942. He served in the Asiatic-Pacific Theater of Operations and was honorably discharged on 30 November 1945.
4. The applicants WD AGO Form 53-55 does not show the Purple Heart or Silver Star as authorized awards. Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 shows the entry "NONE."
5. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.
6. There are no orders for the Silver Star in the available records.
7. In support of his claim, the applicant provided a letter, dated 9 August 1945, from his personnel officer which states records show that while he was a member of the 12th Cavalry he earned the Combat Infantryman Badge and the Asiatic-Pacific Theater Ribbon with two bronze service stars. He also provided orders for the Combat Infantryman Badge and the Bronze Star Medal.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
9. Army Regulation 600-8-22 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.
10. Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in 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.
11. The request, 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, 1600 Spearhead Division Avenue, Department 100, Fort Knox, KY 40122-5100. 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. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
2. There are no orders for the Silver Star in the available records. Therefore, there is insufficient evidence on which to base award of the Silver Star in this case. While the available evidence is insufficient for awarding the applicant the Silver Star, this in no way affects the applicants right to pursue his claim for award of the Silver Star by submitting a request through his Member of Congress under the provisions of 10 USC 1130.
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) AR20100014927
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100014927
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140008790
The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Silver Star and the Purple Heart. Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy. There is no evidence in the available record and the applicant does not provide substantiating evidence that shows the FSM was...
ARMY | BCMR | CY2010 | 20100008729
The applicant states his discharge document does not show award of the Purple Heart for wounds received during combat action in the Pacific. The evidence of record shows the applicant received the Asiatic-Pacific Campaign Medal and that he participated in five campaigns. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Purple Heart for wounds incurred on 29 April 1945 and the Bronze Star Medal; b....
ARMY | BCMR | CY2010 | 20100023825
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090004472, on 3 September 2009. There is no evidence in the available records showing a recommendation for or award of the Silver Star. The applicant has not provided and the record does not contain any evidence of a recommendation for or award of the Silver Star.
ARMY | BCMR | CY2013 | 20130017631
The applicant states, in effect, that: * all the FSM's awards were not listed on his WD AGO Form 53-55 * when the FSM passed away he had his complete military uniform with all medals and awards attached to it, including the Purple Heart and Silver Star * it was important to the FSM and to him as his son to know what the FSM did for his country 3. However, absent orders or substantiating evidence showing the FSM was awarded the Silver Star, there is insufficient evidence to correct his...
ARMY | BCMR | CY2013 | 20130010144
The evidence of record shows the FSM was wounded in battle in Luzon on or around 26 May 1945. His unit was awarded occupation credit for service in Japan; therefore, he is entitled to correction of his WD AGO Form 53-55 to add the Army of Occupation Medal with Japan Clasp. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his WD AGO Form 53-55 the Asiatic-Pacific Campaign Medal; b. awarding him the: *...
ARMY | BCMR | CY2013 | 20130011434
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the Purple Heart. Therefore, he is authorized one bronze service star for wear on the Asiatic - Pacific Campaign Medal and correction of his WD AGO Form 53-55 to show this bronze service star. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds...
ARMY | BCMR | CY2010 | 20100019635
The applicant provides: * Medical record, dated 11 May 1945 * WD AGO Form 53-55 CONSIDERATION OF EVIDENCE: 1. The FSMs military records are not available to the Board for review. The medical evidence (service medical record and The Office of The Surgeon General Hospital List) which show the FSM was wounded in action on 11 May 1945 in the Ryukus Islands as a result of enemy action is accepted as sufficient evidence on which to base award of the Purple Heart.
ARMY | BCMR | CY2009 | 20090001179
The applicants military records are not available to the Board for review. Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 29 April 1945, and his WD AGO Form 53-55 should be amended. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received on 29 April 1945; b. awarding him the Bronze Star Medal (based on...
ARMY | BCMR | CY2002 | 2002082989C070215
The soldier further attests that they were under intense enemy fire, so, no paperwork was submitted to award the applicant the Purple Heart for being wounded in action. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. The applicant signed his WD AGO Form 53-55 on 16 October 1945 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart.
ARMY | BCMR | CY2010 | 20100011327
Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None." Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is an insufficient basis for awarding the Purple Heart to the applicant. Therefore, the Board requests that the CMSD-Arlington, VA...