IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140013255 


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 award of the Silver Star for his part in Exercise Tiger.

2.  The applicant states he was recommended for the Silver Star for his action on the morning of 28 April 1944.  He assisted Lieutenant T____ and Sergeant B____ in rescuing men from the sea when a tank landing ship (LST) was sunk by German boats.  Unfortunately, the operation became political and he has been denied his recognition.  He brought this up to General Eisenhower and was told he'd be court-martialed if he brought it up again.  He was on the only American ship (LST 515) to rescue survivors. 

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation–Honorable Discharge) 

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 military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the his 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 applicant was inducted on 24 February 1942.  Following training he departed the United States on 18 January 1944, arrived in the European Theater of Operations on 29 January and served there with the 12th Infantry Regiment until 3 July 1945. 

4.  He was honorably discharged as a sergeant on 20 August 1945.  His WD AGO 53-55 shows his awards as the Purple Heart, Army Good Conduct Medal, a “Bronze Arrowhead,” and Combat Infantryman Badge and shows he served in the following campaigns: Normandy, Northern France, Rhineland, Ardennes, and Central Europe. 

5.  The Wikipedia and Exercise Tiger Association websites relate that:

	a.   Exercise Tiger was the code name for one in a series of large-scale rehearsals for the D-Day invasion of Normandy.  On 28 April 1944 a practice landing force of nine U.S. Navy LSTs were to land approximately 3,000 troops on a British beach that closely resembled the beaches at Normandy.  They were attacked by a force of nine German patrol torpedo boats (PT boats).

	b.  LST-507 caught fire and was abandoned. LST-531 sank shortly after being torpedoed, while LST-289 was set on fire but eventually made it back to shore.  LST-511 was damaged by friendly fire. The remaining ships and their escort fired back and the PT boats made no more attacks.  749 U.S. servicemen were killed.

	c.  The casualty statistics from Tiger were not released until August 1944 along with the casualties of the actual D-Day landings themselves.  There is little documentation in official histories about this tragedy. 

	d.  Some commentators have called it a cover-up, but the initial critical secrecy about Tiger may have merely resulted in longer-term quietude. In his book The Forgotten Dead - Why 946 American Servicemen Died Off The Coast Of Devon In 1944 - And The Man Who Discovered Their True Story, published in 1988, Ken Small declares that the event "was never covered up; it was 'conveniently forgotten'."  Charles B. MacDonald, author and former deputy chief historian at the U.S. Army Center of Military History, notes that the incident was reported in a press release issued from the Supreme Headquarters, Allied Expeditionary Force, and appeared in an issue of Stars and Stripes.  In addition, the story was detailed in at least three books at the end of the war.

6.  Army Regulation 600-8-22 (Military Awards) 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 Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

	c.  The American Campaign Medal is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 under various conditions including assignment within the continental limits of the United States for an aggregate period of 1 year.

	d.  The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

	e.  The Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  Personnel at a qualifying location as an inspector, courier, and escort on temporary or detached duty are precluded from eligibility. 

7.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 12th Infantry Regiment is authorized the Distinguished Unit Citation for actions during the period 16-24 December 1944 by War Department General Order 54-45, an Arrowhead Device for the Normandy landing, the Belgian Fourragere, and occupation credit for Germany.  
8.  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.

9.  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.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-9 provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Silver Star for his part in Exercise Tiger.

2.  However, he provided no evidence that he was ever recommended for, considered for, or awarded the Silver Star.

3.  He did not explain how being on the only American ship to rescue survivors qualifies him for award of the Silver Star.  Rescuing survivors, regardless of how hazardous, does not seem to qualify as being in “action against the enemy.”

4.  Since the governing regulation requires that the Board assume the record is correct, the applicant has the responsibility of providing the evidence to substantiate his case.  While the available evidence is insufficient for awarding the applicant a Silver Star, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

5.  Records show the FSM was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II.  An award of the Combat Infantryman Badge is considered to be a citation in orders.  This means that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge for service during World War II.

6.  He is also authorized the American Campaign Medal, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, Distinguished Unit Citation, and the Belgian Fourragere. 

7.  Evidence shows that the FSM's records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the FSM's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others to know the sacrifices the applicant made in service to the United States during World War II are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms

3.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned to show that, in 

addition to the awards currently shown on his WD AGO Form 53-55, his authorized awards include the – 

* Bronze Star Medal
* American Campaign Medal
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Distinguished Unit Citation 
* Belgian Fourragere. 



      _______ _   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)                                         AR20140013255





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ABCMR Record of Proceedings (cont)                                         AR20140013255



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