IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140008790 


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 the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Silver Star and the Purple Heart.

2.  The FSM, in a 7-page statement transcribed by the applicant, stated he was advised and recommended for award of the Silver Star for bravery in pulling his fellow troops out of the ocean after a Japanese bombing.

3.  The applicant provides:

* Honorable Discharge Certificate
* WD AGO Form 53-55
* a letter
* 7-page statement
* Certificate of Death

CONSIDERATION OF EVIDENCE:

1.  The FSM's military record is 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 on file for the Board to conduct a fair and impartial review of this case.  This case is being considered primarily using his WD AGO Form 53-55 and several documents provided by the National Personnel Records Center, St. Louis, MO.

2.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 4 March 1943 and he entered active duty on 11 March 1943.  His most significant unit of assignment was the 57th Coast Artillery Surface Warning Battery.  He was honorably discharged on 17 January 1946, after completing a total of 2 years, 9 months, and 26 days of active military service.  He held the rank of technician fourth grade at the time of separation.

3.  His WD AGO Form 53-55 also contains the following pertinent information.

	a.  Item 31 (Military Qualifications and Date) contains the entry "None."

	b.  Item 32 (Battles and Campaigns) shows he participated in the New Guinea and Southern Philippines campaigns.

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

* Philippine Liberation Ribbon with one Bronze Service Star
* Army Good Conduct Medal
* Asiatic Pacific Theater Campaign Ribbon
* WWII Victory Medal

   e.  Item 34 (Wounds Received in Action) contains the entry "None."
   
   d.  Item 36 (Service Outside Continental United States and Return) shows he arrived in the Asiatic-Pacific Theater of Operations on 26 March 1944 and departed for the continental United States on 5 December 1945.

4.  His available service records do not contain official orders awarding him the Silver Star or the Purple Heart.

5.  The applicant provides:
   
   a.  A letter of commendation, issued by the Detachment Commander, Headquarters Detachment, 57th Coast Artillery Surface Warning Battery, dated 15 January 1945.  The letter commends the FSM for displaying sound judgment and untiring energy while under fire assisting the medical officer in providing first- aid and temporary relief to casualties from neighboring ships which had been subjected to suicidal crash-dives by Japanese aircraft.  The FSM was commended on his exceptionally meritorious conduct in performance of outstanding service while aboard ship in Philippine waters on 21 December 1944.

   b.  A 7-page statement from the FSM transcribed by the applicant describing his service.  The FSM stated he was advised and recommended for award of the Silver Star for bravery in pulling his fellow troops out of the ocean after a Japanese bombing.

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 the FSM's 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, the member must submit his/her 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 an applicant 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 member may reapply to the ABCMR with a copy of the denial.

8.  Army Regulation 600-8-22 states 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 applicant contends the FSM's records do not show award of the Silver Star and the Purple Heart.

2.  With respect to the Silver Star:

	a.  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. 

   b.  The third highest award for valor is the Silver Star which requires gallantry in action against the enemy.  The gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.	

   c.  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.
   
   d.  Nevertheless, this in no way affects the applicant's right to pursue the FSM's claim for the Silver Star by submitting a request through her Member of Congress under the provisions of 10 USC 1130.

3.  The FSM's available record does not show he suffered or was treated for a combat wound or injury.  Additionally, there is no reference in his available service records to a combat wound or injury or treatment for such wound or injury.  His records are void of orders which show he was awarded the Purple Heart and the statement the applicant submitted does not positively identify the FSM or show he was wounded or injured as a result of hostile action or treated for such wounds.

4.  The FSM's WD AGO Form 53-55 shows he sustained no wounds in action.  Notwithstanding the applicant's sincerity, in the absence of additional documentation which conclusively shows the FSM sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is, regrettably, an insufficient basis for awarding him the Purple Heart.

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)                                         AR20140008790





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ABCMR Record of Proceedings (cont)                                         AR20140008790



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