IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110004905 


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 daughter of a deceased former service member (FSM) requests:

* Adjudication of the FSM's record to show award of the BSM
* Award of the BSM with citation

2.  She states that:

* several newspaper articles show that the FSM was awarded the BSM at the end of World War II
* she believes that the award with the citation was announced, but not issued due to the mass exit of troops from China

3.  The applicant provides:

* WD AGO Form 53-98 (Military Record and Report of Separation Certificate of Service)
* Birth Certificate
* Certificate of Death
* Four newspaper articles
* A self-authored statement in support of this 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 FSM's military records are not available 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 to conduct a fair and impartial review of this case.

3. The FSMs WD AGO Form 53-98 shows the following:

* he entered into the Army of the United States on 1 April 1943
* he served in the Asiatic-Pacific Theater of Operations from 20 December 1943 to 21 October 1945
* he was discharged honorably on 10 March 1946 after completing 2 years, 7 months, and 9 days of active military service

4.  Item 28 (Battles and Campaigns) of the FSM's WD AGO Form 53-98 shows he participated in the Ryukus China Offense campaign.

5.  Item 29 (Decorations and Citations) of the FSM's WD AGO Form 53-98 shows the Europe-African-Middle Eastern Theater Ribbon, Asiatic-Pacific Theater Ribbon with 3 bronze battle stars, four Overseas Service Bars, and one Victory Medal.

6.  There are no orders available awarding the FSM the BSM.

7.  The applicant submitted copies of four newspaper articles which state that the FSM was awarded the BSM for meritorious service during the period 12 July to 12 September 1945, for training Chinese soldiers, while serving as a Liaison Officer. 

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the BSM is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The BSM 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.  

9.  Title 10 of the U.S. Code, section 1130 (10 USC 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.

10.  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, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  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 corroborating evidence available nor did the applicant provide any corroborating evidence such as official military orders that show the FSM is entitled to award of the BSM.  In the absence of such evidence, there is no basis to grant award of the BSM.

2.  While the available evidence is insufficient for awarding the applicant a BSM, this in no way affects the applicant’s right to pursue her claim for the BSM by submitting a request through her Member of Congress under the provisions of Title 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)                                         AR20110004905



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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