IN THE CASE OF:	  

		BOARD DATE:	  17 June 2014 

		DOCKET NUMBER:  AR20130017631 


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 son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show all his awards and decorations, to include the Purple Heart and Silver Star.

2.  The applicant states, in effect, that:

* all the FSM's awards were not listed on his WD AGO Form 53-55
* when the FSM passed away he had his complete military uniform with all medals and awards attached to it, including the Purple Heart and Silver Star
* it was important to the FSM and to him as his son to know what the FSM did for his country

3.  The applicant provides:

* checklist of awards and decorations
* extract of Special Orders Number 83, issued by Headquarters, 487th American Anti-Aircraft Artillery (AAA), Automatic Weapons Battalion, dated 14 October 1945
* WD AGO Form 53-55
* death certificate
* Honorable Discharge Certificate



CONSIDERATION OF EVIDENCE:

1.  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. 

2.  The FSM was inducted into the Army of the United States on 1 January 1943 and entered active duty on 8 January 1943. He served in the Asiatic-Pacific Theater of Operations from 29 April 1944 through 5 January 1946.

3.  Item 11 (List all significant diseases, wounds and injuries) of the FSM's WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 23 January 1946, shows no wounds.

4.  On 21 January 1946, the FSM was honorably discharged.  His WD AGO Form 53-55 shows in:

* Item 30 (Military Occupational Specialty) – Gunner Anti-Aircraft, 601
* Item 31 (Military Qualification and Date) – Expert M1 Rifle, 26 November 1944
* Item 32 (Battles and Campaigns) – New Guinea, Southern Philippines, and Luzon
* Item 33 (Decorations and Citations):

*	Army Good Conduct Medal
*	Philippine Liberation Ribbon with 1 bronze star
*	American Campaign Medal
*	World War II Victory Medal
*	Asiatic-Pacific Campaign Medal with 1 arrowhead

* Item 34 (Wounds Received in Action) – None

5.  The applicant provides a checklist of the FSM's awards and decorations, dated 27 December 1945, which appears to have been altered.  The checklist shows typed "x" marks were used to identify award entitlements; however, hand-written checks were added to the checklist.  The checklist of awards and decorations was certified by the FSM's commanding officer and shows he was awarded the:

* American Theater Ribbon with 1 bronze service star
* Asiatic-Pacific Theater Ribbon with 2 bronze service stars
* Philippine Liberation Ribbon with 1 bronze service star
* Bronze Arrowhead
* Silver Star (handwritten check mark)
* Bronze Star Medal (handwritten check mark)
* Purple Heart (handwritten check mark)
* Good Conduct Medal
* World War II Victor Medal
* Oak Leaf Clusters (handwritten check mark)
* Expert Gunner (handwritten check mark)
* 1st Class Gunner (handwritten check mark)
* Expert, M-1 (Expert Marksmanship Qualification Badge with Rifle Bar 
(M-1)) (handwritten check mark)
* Sharpshooter, .45 caliber pistol (Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber)) (handwritten check mark)

6.  The applicant also provides a copy of the FSM's Honorable Discharge Certificate; death certificate; WD AGO Form 53-55; and Special Orders Number 83, dated 14 October 1945, that show the FSM's promotion to first sergeant grade I.

7.  There is no evidence in the available records that shows the FSM was awarded the Silver Star, Purple Heart or was wounded as a result of hostile action during World War II.

8.  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, unit decorations, and similar devices awarded in recognition of accomplishments.  It states: 

	a.  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.

	b.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The evidence in this case shows the entry "None" was made in item 34 of the FSM's WD AGO Form 53-55 at the time he was undergoing processing for discharge.  Further, there are no documents in the FSM's available records showing he sustained an injury or that he was wounded as a result of hostile action.

2.  The ABCMR acknowledges and applauds the FSM's service during World War II.   However, absent orders or substantiating evidence showing the FSM was awarded the Silver Star, there is insufficient evidence to correct his records showing entitlement to this award.

3.  Although the applicant provides a checklist of awards and decorations the FSM was authorized, this checklist appears to have been altered and the available record does not contain orders or other documents showing the FSM was awarded any additional awards and decorations not listed on his WD AGO Form 53-55.

4.  In view of the above, there is an insufficient evidentiary basis for granting the requested relief.

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)                                         AR20130017631



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ABCMR Record of Proceedings (cont)                                         AR20130017631



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