IN THE CASE OF:	  

		BOARD DATE:  3 December 2013

		DOCKET NUMBER:  AR20130007276 


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 daughter of a deceased former service member (FSM), requests correction of her father's records to show award of the Presidential Unit Citation and the Distinguished Service Cross.

2.  The applicant states she read an article that stated 1st Battalion, 34th Infantry Regiment received a Presidential Unit Citation; however, the award was not listed in his records.  She also noticed an officer from the article received the Distinguished Service Cross and she inquires as to whether it also applies to her father.

3.  The applicant provides:

* a letter from the National Personnel Records Center (NPRC), St Louis, MO, dated 4 April 2013
* an excerpt from a website
* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* FSM's WD AGO Form 100 (Army Separation Qualification Record)
* FSM's Honorable Discharge Certificate
* a memorandum issued by the War Department, Bureau of Public Relations, Washington, DC, subject:  Commendation, dated 20 June 1945
* Honorable Discharge Certificate
* FSM's Certificate of Death


* State of Connecticut Court of Probate affidavit, dated 5 April 1993
* War Department General Order Number 30, dated 14 April 1945

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 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 that his records were lost or destroyed in that fire.  However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States and he entered into active service on 3 July 1941.  His military occupational specialty was 745 (Squad Leader Rifleman).  His final unit of assignment was with Company B, 34th Infantry Regiment.  He was honorably discharged on 11 August 1945 at demobilization after completing 4 years, 1 month, and 9 days of total active service.  He held the rank of staff sergeant on the date of his separation.

4.  The FSM's WD AGO Form 53-55 shows in:

	a.  Item 31 (Military Qualification and Date (i.e., infantry, aviation and marksmanship badges, etc.)) he was awarded the:

* Combat Infantryman Badge effective 11 June 1944
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

	b.  Item 33 (Decorations and Citations) he was awarded the:

* Army Good Conduct Medal


* American Defense Service Medal with clasp
* Asiatic-Pacific Theater Campaign Ribbon (currently known as the Asiatic-Pacific Campaign Medal)
* Philippine Liberation Ribbon with 2 bronze service stars

	c.  Item 36 (Service Outside Continental U.S. (CONUS) and Return) he:

* arrived in the Asiatic-Pacific Theater of Operations (APTO) on
21 December 1941
* departed the APTO on 30 December 1944
* arrived in CONUS on 4 February 1945

	d.  Item 55 (Remarks) he was issued the Lapel Button.

5.  The applicant provides an excerpt from a website that discusses the actions of members of the 34th Infantry Regiment at Kilay and Breakneck Ridge.  Of particular note are the actions of Lieutenant Colonel Clifford who subsequently received the Distinguished Service Cross; however, the FSM is not specifically mentioned in this excerpt.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 34th Infantry Regiment was cited for award of the Presidential Unit Citation for the period 17 October 1944 through
4 July 1945 by Department of the Army General Order Number 47, dated 1950.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Distinguished Service Cross is awarded to a person, who while serving in any capacity with the Army, distinguishes 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 act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The 


Bronze Star Medal 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.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II (WWII).

	c.  The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

8.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a 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.

9.  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 FSM'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 evidence of record shows the FSM was awarded the Combat Infantryman Badge effective 11 June 1944.  Based on his award of the Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal.  Therefore, it would be appropriate at this time to posthumously award the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge and to correct his WD AGO Form 53-55 to show this award.

2.  The available evidence shows the FSM served during a qualifying period for entitlement to the WWII Victory Medal.  Therefore, the FSM's WD AGO Form
53-55 should be corrected to show this award.

3.  The FSM's unit was cited for award of the Presidential Unit Citation during his period of his assignment.  Therefore, the FSM's WD AGO Form 53-55 should be corrected to show this unit award.

4.  With regard to the Distinguished Service Cross, as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for each award requested.  There is no evidence the FSM was recommended for or awarded the Distinguished Service Cross.  There is also no evidence that shows the FSM distinguished himself by extraordinary heroism while engaged in action against an enemy of the United States or that his act of heroism was so notable and involved risk of life so extraordinary as to set the FSM apart from his comrades.

5.  However, while the available evidence is insufficient for awarding the FSM the Distinguished Service Cross this in no way affects the applicant's right to pursue her claim for this award by submitting a request through her Member of Congress under the provisions of Title 10, U.S. Code, section 1130 if she believes her father met the eligibility criteria.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  posthumously awarding the FSM the Bronze Star Medal based upon the FSM's award of the Combat Infantryman Badge, and

	b.  adding to the FSM's WD AGO Form 53-55 the:

* Bronze Star Medal
* World War II Victory Medal
* Presidential Unit Citation

2.  The Board further determined that the evidence presented was 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 award of the Distinguished Service Cross.

3.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of the 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)                                         AR20130007276



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ABCMR Record of Proceedings (cont)                                         AR20130007276



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