IN THE CASE OF:	  

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130013284 


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 her deceased husband, a former service member (FSM), be awarded the:

* Silver Star
* Army Good Conduct Medal
* European-African Middle Eastern Campaign Medal
* Army of Occupation Medal with Germany Clasp
* Arrowhead Device

2.  The applicant states according to the DA Form 1577 (Authorization for Issuance of Awards), the FSM should be awarded the requested awards in addition to those shown on his WD AGO Form 53-55 ((Enlisted Record and Report of Separation - Honorable Service).  

3.  The applicant provides DA Form 1577, WD AGO Form 53-55, FSM death certificate, and WD AGO Form 100 (Separation Qualification Record).

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 the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The available evidence shows the FSM was inducted into the Army of the United States on 24 February 1943 and entered active duty in New York City, NY, on 3 March 1943.  His WD AGO Form 53-55 shows at the time of his separation, he held military occupational specialty 50 (carpenter, General) and he was assigned to the 784th Engineer Petroleum Distribution Company.

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 2 June 1944 and arrived in the European Theater of Operations (ETO) on 11 January [sic] (June) 1944.  He departed the ETO on 17 November 1945 and arrived back in CONUS on 26 November 1945.  

5.  He completed 9 months and 4 days of continental service and 1 year, 10 months, and 25 days of foreign service.  He was honorably separated on 1 December 1945.  His WD AGO Form 53-55 also shows in:

* Item 31 (Military Qualifications and Date) - Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Item 32 (Battles and Campaigns) - Ardennes, Central Europe, Normandy, Rhineland, and Northern France campaigns
* Item 33 (Decorations and Citations) - European-African Middle Eastern Service Medal, Good Conduct Medal, World War II Victory Medal

6.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

7.  Title 10, U.S. Code, section 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under Title 10, U.S. Code, section 1130, you must submit a DA Form 638 (Recommendation for Award), a copy of which is enclosed.

	a.  The DA Form 638 should clearly identify your unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which you are requesting recognition must accompany the DA Form 638.  In addition, your award request 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 (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	b.  Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, you must submit your request through a Member of Congress who will send it to the U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	c.  If a Soldier chooses to pursue the award requested by submitting a request under the provisions of Title 10, U.S. Code, section 1130, and his/her request is subsequently denied by the HRC, the Soldier may reapply to the ABCMR with a copy of the denial.  

8.  Army Regulation 600-8-22 states the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 1945.  A bronze service star is authorized based on qualifying service for each campaign listed in appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.  Authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal (formerly known as the European-African-Middle Eastern Theater Service Ribbon).  A silver service star will be worn in lieu of five bronze service stars.

9.  Army Regulation 600-8-22 states the "Arrowhead" will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on various awards including the European-African-Middle Eastern Campaign Medal.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, unit citation emblems, and occupation duty credit for World War II and for the Korea War.  According to this pamphlet, the 784th Engineer Petroleum Distribution Company is not awarded Assault Landing credit or Occupation credit during World War II.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Silver Star:

	a.  Based upon this application, the evidence of record, and accompanying supporting documents submitted by the applicant, and a review of historical records pertaining to the FSM, it does not appear that the FSM was recommended for or awarded the Silver Star.

	b.  There is no evidence in the available record and the applicant does not provide substantiating evidence that shows the FSM was recommended for or awarded the Silver Star.  The governing Army regulation states that for personal decorations (which include the Silver Star) formal recommendation, approval through the chain of command, and announcement in orders are required.  The applicant's sincerity and the FSM's service in WWII are not in question.  However, in the absence of official orders, there is insufficient evidence to show the FSM was awarded the Silver Star or correct his WD AGO Form 53-55 to show this award. 

	c.  Nevertheless, this in no way affects his 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. 

2.  With respect to the Army Good Conduct Medal, this award was already awarded or authorized and is shown on the FSM's WD AGO Form 53-55.  No further correction is required. 

3.  With respect to the European-African Middle Eastern Campaign Medal, this award is also already awarded or authorized and is shown on the FSM's WD AGO Form 53-55.  However, since the FSM participated in five campaigns during World War II, he is authorized five bronze service stars - a silver service star - to be affixed to the European-African Middle Eastern Campaign Medal and correction of his WD AGO Form 53-55 accordingly.

4.  With respect to the Arrowhead Device and the Army of Occupation Medal with Germany Clasp, the 784th Engineer Petroleum Distribution Company was not awarded Assault Landing credit or Occupation credit during World War II.  There is insufficient evidence to show the FSM was assigned or attached to any other unit that was authorized Assault Landing or Occupation credit.  

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 adding a silver service star to be affixed to FSM's already- European-African Middle Eastern Campaign Medal.

2.  The Board further determined that 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 the Silver Star, Army of Occupation Medal with Germany Clasp, and Arrowhead Device. 



      _______ _   _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)                                         AR20130013284





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ABCMR Record of Proceedings (cont)                                         AR20130013284



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