IN THE CASE OF:
BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110021408
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, the widow 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 Soldier's Medal.
2. She states the FSM was listed as a rifleman on his WD AGO Form 53-55 and a litter bearer on his WD AGO Form 100 (Army Separation Qualification Record) while serving with the 319th Infantry Battalion during World War II. She offers that the FSM was awarded the Soldier's Medal and wore it proudly on his uniform.
3. She provides their certificate of marriage and the FSM's:
* WD AGO Form 53-55
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* Honorable Discharge certificate
* Certificate of Death
CONSIDERATION OF EVIDENCE:
1. The FSM's complete military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining for the ABCMR to conduct a fair and impartial review of this case.
2. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 12 January 1943 and he entered active duty in Bangor, Maine, on 19 January 1943. At the time of his separation, he held military occupational specialty (MOS) 745 (Rifleman) and he was assigned to the 3rd Battalion, 319th Infantry Regiment.
3. The FSM's WD AGO Form 53-55 shows he departed the United States on
10 September 1944 and arrived in the European Theater of Operations (ETO) on 17 September 1944. He departed the ETO on 1 February 1945 and arrived in the United States on 18 February 1945. He completed 1 year, 9 months, and 25 days of continental service and 5 months and 8 days of foreign service. He was honorably discharged on 14 April 1945.
4. Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 does not show award of the Soldier's Medal.
5. There are no orders or recommendations in the FSM's remaining documents for award of the Soldier's Medal.
6. The FSM died on 4 April 2010.
7. Army Regulation 600-8-22 (Military Awards) provides that the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. The same degree of heroism is required as for award of the Distinguished Flying Cross. The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Awards of the Soldier's Medal will not be made solely on the basis of having saved a life.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the FSM was awarded the Soldier's Medal is acknowledged; however, she failed to provide any orders, recommendations, or documentation to support the FSM's entitlement to this award and these documents were not contained in the FSM's remaining file. In the absence of such evidence, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X ___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of FSM's 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) AR20110021408
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021408
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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