IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110006161
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 award of the Silver Star.
2. He states that he was recommended for the Silver Star and it was never awarded. He was at a reunion of the 27th Raiders and 25th Infantry Division when he was asked by Colonel (COL) Hxx if he received the Silver Star. He had forgotten the COL had mentioned it to him in Korea and stated he was recommending him for this award.
3. He provides:
* Korean War Casualty List
* letter from COL Hxx
* Veterans History Project
* excerpt from an article titled, "About Face The Odyssey of An American Warrior"
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 applicant's complete 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 his records were destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.
3. His available records show he reenlisted in the Regular Army on 23 January 1953 for 3 years with 5 years, 3 months, and 27 days of prior enlisted service. He served overseas in Korea for 7 months and 10 days.
4. There is no evidence or orders in his available records to show he was recommended for or awarded the Silver Star during his period of service.
5. He was honorably discharged in pay grade E-5 on 29 April 1955. He was credited with completion of 2 years, 3 months, and 7 days of net active service and no lost time.
6. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) lists the:
* United Nations Service Medal
* Purple Heart
* National Defense Service Medal
* Army Good Conduct Medal
* Combat Infantryman Badge
* Korean Service Medal with four bronze service stars
7. Item 28 (Most Significant Duty Assignment) of his DD Form 214 lists the 1901st Engineer Aviation Battalion. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry, "Kumwha, Korea 4 November 1951."
8. His name is listed on the Korean War Casualty List.
9. On 13 May 2004, he was advised by the ABCMR of his right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.
10. On 29 March 2011, a staff member of the Army Review Boards Agency Congressional Special Actions verified that U.S. Army Human Resources Command, Fort Knox, KY, had denied the applicant's request for the Silver Star in 2005. A hardcopy of this denial was unavailable and had been filed in the archives at Suitland, MD.
11. He provides a copy of a letter, dated 4 September 2002, wherein the author stated the applicant was a member of the 27th Raiders in 1951 and 1952. He vividly recalled that the applicant was recommended for the Silver Star for gallantry in action on 4 November 1951. During the fight the applicant repeatedly distinguished himself. Without his heroic actions there was no question that the Raider mission would have been unsuccessful and a fair number of his wounded Raider mates would not have been evaluated to receive medical assistance.
12. He also provided a copy of an excerpt from an article titled, "About Face The Odyssey of An American Warrior" about the Raiders and some of their missions.
13. 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.
DISCUSSION AND CONCLUSIONS:
His request for award of the Silver Star was carefully considered. The award recommendation and supporting evidence provided to the U.S. Army Human Resources Command was not available for review, and there is no evidence of record and he did not provide sufficient evidence that confirms he met the eligibility criteria for this award.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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) AR20110006161
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006161
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080008408
The applicant requests his records be corrected to show award of the Korean Service Medal and United Nations Service Medal, and any other medals to which he may be entitled. The National Defense Service Medal (NDSM) was awarded for honorable active service for any period between 27 June 1950 and 27 July 1954. c. The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. d. The United Nations Service Medal (UNSM) was awarded...
ARMY | BCMR | CY2013 | 20130011262
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States), ending, on 24 April 1952, and his officer records to show his second award of the Silver Star. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the Silver Star from the applicant's DD Form 214 ending...
ARMY | BCMR | CY2011 | 20110015585
The applicant's DD Form 214 shows he was released from active duty on 15 October 1951 with 4 years and 18 days of creditable service and provides the following at: a. item 28, foreign service for a period of 2 years, 10 months and 17 days; b. item 29, award of the Army of Occupation Medal with Japan Clasp, Combat Infantryman Badge, and the Purple Heart; and c. item 30, he received a bullet wound to the left knee on 28 November 1950 at Chinju Reservoir, Korea. In 1988 the National Research...
ARMY | BCMR | CY2001 | 2001061256C070421
The applicant requests correction of his records to show award of the Navy Presidential Unit Citation for participation in the Inchon Invasion during the period 15 September 1950 through 11 October 1950 and to show an additional bronze service star for his service in Korea. Records show the applicant served in Korea from 12 September 1950 through 4 April 1951. Based on evidence available to the Board, it appears that the applicant was a participant in the Inchon Landing as a member of the...
ARMY | BCMR | CY2005 | 20050000236C070206
The applicant’s military records are not available to the Board for review. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. 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 in action on 25 May 1951 in...
ARMY | BCMR | CY2014 | 20140021311
The applicant requests, in effect, correction of his: * DD Form 214 (Report of Separation from the Armed Forces of the United States) dated 18 July 1951 to show he was: * discharged in Sasebo, Japan as a member of Company B, 1st Battalion, 27th Regimental Combat Team (RCT) (Wolfhounds), under the 25th Infantry Division that crossed the Han River in Korea on 7 March 1951 * awarded the Presidential Unit Citation (PUC) while attached to the 25th Infantry Division * awarded the Distinguished...
ARMY | BCMR | CY2009 | 20090018118
Application for correction of military records (with supporting documents provided, if any). 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 the timely submission of a recommendation for such...
ARMY | BCMR | CY2005 | 20050005849C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 December 2005 DOCKET NUMBER: AR20050005849 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that his military records be corrected to show that he is entitled to three bronze service stars on his Korean Service Medal instead of 2 bronze service stars based on...
ARMY | BCMR | CY2008 | 20080014918
The applicant states, through his brother and elected representative, that the Military Awards Branch (MAB) awarded the Army Commendation Medal to the eyewitness to the applicants wounding for his heroic actions on 20 April 1952 during an enemy attack. Located in hills north of the 38th parallel north in the central Korean mountain range, the battle was fought between the communist North Korean forces of the Korean People's Army (KPA) and United Nations (UN) forces consisting of Republic...
ARMY | BCMR | CY2012 | 20120005117
He also indicated the Decorations and Awards Board, 8th U.S. Army Korea, recommended award of the Distinguished Service Cross. The Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor. The highest awards for valor are, in descending order, the Medal of Honor, the Distinguished...