IN THE CASE OF:	  

		BOARD DATE:	  16 October 2012

		DOCKET NUMBER:  AR20120003777


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, that the records of her deceased father, a former service member (FSM), be corrected to show award of the Soldier's Medal, Purple Heart, and any other authorized awards.

2.  The applicant states the FSM fought in Africa and Italy in 1942.  He was wounded in the right leg in Africa and in the back of the neck in Po Valley.  He has the Purple Heart bar and one arrowhead on his clasp, but no medal.  She cannot find anything in his records to indicate he received the Purple Heart.  Further, her grandfather wrote a letter on the FSM's behalf inquiring about the award of the Soldier's Medal.  She is in the process of replacing broken medals and capturing his history for his grandchildren and great grandchildren.  She would like verification of this award and all other awards for which he was eligible.

3.  The applicant provides:

* Certificate of Death – FSM
* Certificate of Birth – Applicant
* Military History written by the FSM
* Request for Presidential Unit Citation (PUC), dated 25 October 1945
* Memorandum from Decorations and Awards Branch, dated 27 February 1946
* Memorandum from Adjutant General, dated 27 March 1946
* PUC Post Card Inquiry


* Request for Awards, dated 7 November 1959
* Affidavit, dated 24 March 1959
* DA Form 20 (Enlisted Qualification Record), page 4
* DD Form 214 (Report of Separation from Active Duty), effective 
31 January 1974
* Letter Order Number E-08-109, dated 15 August 1973
* Photo of Military Ribbons

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 records show the FSM enlisted in the Regular Army on 12 May 1942.  During his period of service he held military occupational specialties 590 (Duty Soldier), 017 (Baker), and 94B (Cook).

3.  His service record shows:

	a.  He served in the Europe-African-Middle Eastern (EAME) theater from 31 August 1942 to 20 September 1945.  His service record shows he was assigned to:

* Headquarters, 809th Engineer Aviation Battalion – 23 September 1942-29 January 1945
* 19th Engineer Combat Regiment – 30 January 1945-28 February 1945 (redesignated as the 402nd Engineer Combat Battalion on 1 March 1945)
* 402nd Engineer Combat Battalion – 1 March 1945-11 August 1945
* 350th Infantry Regiment, 88th Infantry Division – 12 August 1945-20 September 1945



	b.  He was issued the EAME Campaign Medal with one silver service star and one bronze service star for the following campaigns:

* Algeria-French Morocco (11 November 1942)
* Sicily (29 July-17 August 1943)
* Naples-Foggia (22 October 1943-21 January 1944)
* Rome-Arno (22 January-9 September 1944)
* North Apennines (10 September 1944-4 April 1945)
* Po Valley (5 April-8 May 1945)

4.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) for the period 12 May 1942 to 19 October 1945 does not show he received any wounds during this period of his service.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows the following overseas assignments:

* Korea – Company A, 1st Brigade, 17th Infantry Division, from 28 April 1960-14 May 1961
* Republic of Vietnam (RVN) – Headquarters, U.S. Army Headquarters Area Command, from 30 March 1968-22 April 1969
* Germany –

* 2nd Missile Battalion, 84th Artillery – 17 June 1962-15 June 1964
* Headquarters Battery, 1st Battalion, 28th Artillery – 16 June 1964-7 September 1964
* Battery B, 1st Battalion, 28th Artillery – 8 September 1964-17 June 1965
* Headquarter and Headquarters Battery (HHB), 2nd Battalion, 59th Artillery, 1st Armored Division – 3 October 1970-31 August 1971 
* HHB, 2nd Battalion, 59th Air Defense Artillery, 1st Armored Division – 1 September 1971-5 September 1973

6.  He served in the U.S. Army Reserve and on active duty until he was honorably retired on 31 January 1974.  His DD Form 214 shows he completed a total of 20 years and 13 days of creditable active service.  Item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* American Defense Service Medal
* World War II Victory Medal
* EAME Campaign Medal with six bronze service stars
* Vietnam Service Medal with five bronze service stars
* Republic of Vietnam Campaign Medal
* Army Commendation Medal
* Good Conduct Medal (4th Award)
* Army of Occupation Medal (Germany)
* overseas service bars (8)

7.  His record does not contain orders or a recommendation for award of the Soldier's Medal.  

8.  There is no evidence in the available military service records showing he was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart during his period of service.

9.  The applicant provides:

	a.  The FSM's handwritten account of his military career.  In this document he lists his assignments, campaigns, and awards.  He indicated that he was wounded in the right leg in Africa and wounded in the back of the neck in the Po Valley, Italy.  In addition, he contends he received the Bronze Star Medal, Purple Heart, Army Commendation Medal, 2 arrowheads, 12 battle stars, and 9 overseas service bars.

	b.  A request to be awarded the Presidential Unit Citation for assignments with the 19th Combat Engineers, 402nd Combat Engineers, and the 
809th Engineer Aviation Battalion during World War II.

	c.  A letter written by the FSM's father to the Decorations and Awards Branch, Adjutant General Department, Washington, DC.  He stated the FSM participated in the invasions of North Africa, Tunisia, Sicily, and Italy while serving with the 809th Engineer Aviation Battalion and later the 19th Engineer Combat Regiment; therefore, he was entitled to the Arrowhead Medal.  He includes the following quote from a letter he received from the FSM while he was serving in Italy:

The other day I was fixing a stove and a colored boy caught fire from gas, I went over to put him out and while I was trying, my hands caught on fire so I had to look out for myself, while two other fellows who came running out of the kitchen to put it out.  He was burned pretty bad.  If I would have had a shirt on and not had gas on me, I would have saved him some burns.  I'm okay though and he's coming along fine.

	d.  In this letter, the FSM informed his father the two Soldiers who assisted the burned Soldier were later recommended for the Soldier's Medal but because he was in the stockade for being absent without leave (AWOL) nothing came through for him.  The FSM's father requested his son be awarded at least the Bronze Star Medal and verification of whether or not the 19th Engineer Combat Regiment was awarded the Presidential Unit Citation.

	e.  The Adjutant General's response to the previous inquiry, dated 27 March 1946, which confirmed the FSM was awarded the Good Conduct Medal, American Theater Service Ribbon [currently known as the American Defense Service Medal], EAME Theater Service Ribbon with one silver and one bronze service star for participation in the Algeria-French Morocco, Sicily, Naples-Foggia, North Apennines, and Po Valley campaigns, and the World War II Victory Ribbon.  In addition the FSM was entitled to the Bronze Service Arrowhead for participating with the 809th Engineer Battalion in amphibious landings at Gela, Sicily.  However, there was no record of a Distinguished Unit Citation for the 
19th Combat Engineer Battalion.  In regard to the award of the Soldier's Medal there was nothing in the official records to show the FSM was entitled to the award, but an investigation was being made overseas.

	f.  A postcard request for information regarding the award of the Presidential Unit Citation to the 19th Engineer Combat Regiment, 402nd Engineer Combat Battalion, and the 809th Engineer Aviation Battalion written by the FSM.

	g.  The FSM's request for the authorization of awards.  He requested verification of the American Defense Ribbon which was not listed on his 
DD Form 214 and the invasion arrowhead.  Further, he requested verification of any unit awards for the 19th Engineer Combat Regiment, his WWII campaigns, the Combat Infantryman Badge, foreign decorations, battle stars, and any other service ribbons to include the American Defense Occupation, or Victory Medal.

	h.  Affidavit of the FSM's participation in actual combat under enemy fire while serving with the 19th Combat Engineer Regiment, dated 25 March 1959.

	i.  Page 4 of his DA Form 20 which list his awards and campaigns.

	j.  Service Retirement Letter Order Number E-08-109, dated 15 August 1973.

	k.  Color photograph of the FSM's ribbons which show a Purple Heart with one oak leaf cluster. 

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in World War II and the Korean War.  This document shows that the 809th Engineer Aviation Battalion during the time of the FSM's assignment received assault landing credit for Sicily, Gela (9-11 July 1943) and for Southern France 
(15-16 August 1944).

11.  This same regulation shows the FSM is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  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.  Award of the Soldier's Medal will not be made solely on the basis of having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

	c.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal and EAME Campaign Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

13.  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.

14.  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:  Commander, 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.  The applicant requests, in effect, that the records of her deceased father be corrected to show award of the Soldier's Medal, Purple Heart, and any other authorized awards.

2.  Records show he participated in six campaigns during World War II.  His retirement DD Form 214 shows he was awarded the EAME Campaign Medal with six bronze service stars; however, this entry should be corrected to show the EAME Campaign Medal with one silver and one bronze service star.

3.  His DD Form 214 also shows he was awarded the Vietnam Service Medal with 5 bronze service stars which is in error.  This entry should be corrected to show the Vietnam Service Medal with one silver service star.

4.  The FSM's records show he served in Korea during a qualifying period for award of the Korea Defense Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this foreign unit award.

6.  The applicant provided a photograph which shows the FSM's ribbons.  The Purple Heart with Oak Leaf Cluster is shown on this display; however, there are no orders, recommendations, or references to corroborate the award of the Purple Heart.  Further, there is no medical evidence to support her contention the FSM was wounded while serving in Africa or during the Po Valley campaign.  As a result, there is insufficient evidence to correct the FSM's DD Form 214 to show this award.

7.  In addition, the applicant submits the FSM's handwritten personal account of an incident wherein he attempted to save a Soldier's life who had been accidentally set on fire as proof that the FSM should be awarded the Soldier's Medal.  Regulatory guidance states the award of the Soldier's Medal will not be made solely on the basis of having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  His military record is void of any orders, recommendations, or references to award of the Soldier's Medal for this event.  It would not be appropriate to award the FSM the Soldier's Medal based on the available evidence.

8.  While the available evidence is insufficient for awarding the FSM the Soldier's Medal, this in no way affects the applicant’s right to pursue his claim for the Soldier's Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending item 26 of the FSM's retirement DD Form 214 as follows:

	a.  delete the European-African-Middle Eastern Campaign Medal with six bronze service stars and the Vietnam Service Medal with five bronze service stars and

	b.  add the:

* European-African-Middle Eastern Campaign Medal with one silver service star and one bronze service star
* Vietnam Service Medal with one silver service star


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Korea Defense Service Medal

2.  The Board further determined the evidence presented is 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 awarding the FSM the Soldier's Medal and the Purple Heart.



      _____________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)                                         AR20120003777



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ABCMR Record of Proceedings (cont)                                         AR20120003777



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