IN THE CASE OF:	  

		BOARD DATE:	  25 February 2014

		DOCKET NUMBER:  AR20130011047 


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 reconsideration of his previous requests for award of the Silver Star.

2.  The applicant states two former service members were a part of his backup when he blew up the anti-tank bunker and they know that their company commander recommended him for award of the Silver Star.

3.  The applicant provides copies of letters that he was issued administratively closing his cases based on the absence of documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant's previous requests for award of the Silver Star were administratively closed based on the non-availability of records.

2.  The applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there is sufficient documentation in a reconstructed record for the Board to conduct a fair and impartial review of this case.  This documentation is new evidence and will be considered by the Board.

3.  The available evidence shows he entered active duty from the Army National Guard (ARNG), on 1 September 1950, and he held military occupational specialty 4745 (automatic rifleman).  He served in Korea form 22 January through 8 May 1952. 

4.  On 23 June 1952, he was released from active duty to the ARNG.  His 
DD Form 214 (Report of Separation from the Armed Forces of the United States) lists the Army of Occupation Medal (Japan), United Nations Service Medal, Korean Service Medal with one bronze service star, and Combat Infantryman Badge.

5.  His available record contains a DA Form 1577 (Authorization for Issuance of Awards), dated 2 March 1995, wherein he was advised that no record had been found authorizing him the Silver Star.  The absence of general orders approving the award indicated any recommendation submitted on his behalf was not favorably considered.  He was also advised of shipment of the Army Good Conduct Medal, Army of Occupation Medal (Japan), National Defense Service Medal, Korean Service Medal with one bronze service star, Combat Infantryman Badge, and the United Nations Service Medal.

6.  There are no orders in his available records authorizing or awarding him the Silver Star during his period of service in Korea.

7.  Army Regulation 600-8-22 (Military Awards) states the Silver Star Medal is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction.

8.  The applicant provides copies of letters that he was issued administratively closing his cases based on the absence of records.

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 a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, for award of the Silver Star the evidence must show the individual gallantry performed while engaged in action against an enemy of the United States with marked distinction.

2.  There is no available evidence and he did not provide sufficient evidence showing this was so.  He was previously advised that no approved general orders could be located for this award, and the available evidence is void of any information that shows he was authorized, awarded, or met the criteria for award of Silver Star during his period of service in Korea. 

3.  Notwithstanding his contention and his sincerity, in the absence of additional documentation that conclusively shows he met all the criteria for award of the Silver Star, there is insufficient evidence upon which to base this award.  Therefore, there is insufficient evidence for award of the Silver Star and addition of this award to his DD Form 214.

4.  While the available evidence is insufficient for awarding the applicant a Silver Star, this in no way affects the applicant’s right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of 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)                                         AR20130011047



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ABCMR Record of Proceedings (cont)                                         AR20130011047



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