BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20140012257 


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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) to show his personal awards for valor, merit, or commendation during World War II. 

2.  The applicant states:

	a.  He served in the Pacific Theater and led 35 Soldiers, ensuring the maintenance and repair of 35 dump trucks in support of airstrip construction preparing for the invasion of Japan and the Ryukus campaigns.  He was awarded the Army Good Conduct Medal. 

	b.  He served in a separate and segregated unit commanded by white officers.  U.S. Army historical records and research reflects African-American Soldiers were not recommended for or awarded any personal decorations for valor or merit, by custom or policy.  The applicant related to guests at his 101st birthday celebrations that he performed exceptionally and with valor following orders, without record or award from his chain of command. 

3.  The applicant provides:

* Honorable Discharge Certificate
* WD AGO Form 53-55
* 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 applicant'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 applicant'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 applicant was inducted into the Army of the United States on 7 June 1943 and entered active duty at Fort Custer, MI, on 21 June 1943.  His WD AGO Form 53-55 shows at the time of his separation, he held military occupational specialty 015 (Motor Noncommissioned Officer) and he was assigned to the 575th Engineer Dump Truck Company. 

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 31 December 1943 and arrived in the Pacific Theater of Operations (PTO) on 31 January 1944.  He departed the PTO on 3 January 1946 and arrived back in CONUS on 17 January 1946.  

5.  He completed 2 years and 17 days of foreign service and 6 months and       19 days of continental service.  He was honorably separated on 26 January 1946.

6.  His WD AGO Form 53-55 also shows in:

* Item 31 (Military Qualifications and Date) - the entry "None"
* Item 32 (Battles and Campaigns) - Ryukyus campaign
* Item 33 (Decorations and Citations) - 4 overseas service bars, Asiatic-Pacific Theater Ribbon with one bronze service star, Good Conduct Medal, and World War II Victory Medal
7.  The applicant's reconstructed record does not contain orders awarding him any personal decorations for achievement, service, or valor. 

8.  He provides a WD AGO Form 100 that shows he served as a Motor NCO during World War II.  He supervised the maintenance and repair of 35 dump trucks used for hauling gravel and coral for building air strip in Corea.  He had charge of 5 motor mechanics, 35 drivers, and 1 welder.  He kept complete records of all trucks and ordered parts.  He also kept records of personnel and salvage.

9.  Army Regulation 600-8-22 (Military Awards) states: 

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The Army Commendation Medal may be awarded to any individual commended after 6 December 1941 and before 1 January 1946 in a letter, certificate, or order of commendation, as distinguished from a letter of appreciation, signed by an officer in the grade or position of a major general or higher.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  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.

	d.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals.


10.  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, a DA Form 638 (Recommendation for Award) must be submitted.

	a.  The DA Form 638 should clearly identify the unit, 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.  In addition, the 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 request must be submitted 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records do not show any personal awards for valor, merit, or commendation.  

2.  During World War II, Soldiers were recognized for their service, achievement, or valor by various awards such as the Army Commendation Medal, Bronze Star Medal, Silver Star, Distinguished Service Cross, and Medal of Honor.  However, in the applicant's case there is no evidence in the available record and he does not provide substantiating evidence that shows he was recommended for or awarded any of the above awards.  



3.  The governing Army regulation states that for personal decorations (which include the Army Commendation Medal, Bronze Star Medal, and Silver Star) formal recommendation, approval through the chain of command, and announcement in orders are required. 

4.  The applicant's sincerity and his service in WWII are not in question.  His contentions are understood.  However, in the absence of official orders there is insufficient evidence to show the applicant was awarded any personal decorations or to correct his WD AGO Form 53-55 to show such an award. 

5.  Nevertheless, this in no way affects his right to pursue his claim for a personal decoration, including the Army Commendation Medal, Bronze Star Medal, Silver Star, Distinguished Service Cross, and/or Medal of Honor, 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)                                         AR20140012257



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012257



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1