IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140017489
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 correction of his "DD Form 214" (Enlisted Record) to show he received the Purple Heart (PH), Silver Star, and the Bronze Star Medal with "V" Device.
2. The applicant states he was awarded the aforementioned awards and would like them added to his "DD Form 214."
3. The applicant provides a copy of his Enlisted Record and his Honorable Discharge Certificate.
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. On 6 March 1943, the applicant was inducted into the Army of the United States. He received an Army specialty of Ammunition Carrier.
4. His Enlisted Record shows that on 27 June 1946 he was honorably discharged with 2 years, 11 months, and 17 days of active duty service.
5. The applicant provides a copy of his Enlisted Record which shows he was awarded the PH for wounds he received on 22 July 1944, one Bronze Service Star for participation in the Normandy Campaign, an Army Good Conduct Medal, and a European-African-Middle Eastern (EAME) Campaign Ribbon.
6. The applicant's reconstructed record does not contain orders awarding him the Bronze Star Medal with "V" Device or the Silver Star.
7. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. 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.
DISCUSSION AND CONCLUSIONS:
1. There is insufficient evidence to show that the applicant was recommended for or awarded the Silver Star. Therefore, he is not entitled to the Silver Star.
2. With respect to the Bronze Star Medal:
a. There is no evidence in the available record and the applicant does not provide substantiating evidence that shows he was recommended for or awarded the Bronze Star Medal with "V" Device.
b. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required. The applicant's sincerity and his service in WWII are not in question. However, in the absence of official orders, there is insufficient evidence to show the applicant was awarded the Bronze Star Medal with "V" Device or to correct his Enlisted Record to show this award.
3. The award of the PH is already listed on the applicant's Enlisted Service Record; therefore, no correction is needed on this portion of his request.
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) AR20140014083
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140017489
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130001948
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Bronze Star Medal with "V" Device in lieu of the "4 Bronze Stars." The evidence of record shows he was awarded the Korean Service Medal with four bronze service stars. His record does not contain any evidence and he provides none to show he was recommended for or issued orders for award of the Bronze Star Medal with "V" Device.
ARMY | BCMR | CY2010 | 20100025885
The applicant states: * He was recommended for the Silver Star but he was awarded the Bronze Star Medal for heroic achievements (the Bronze Star Medal with "V" Device) * The After Action Report correlates the recommendation for the Silver Star * The After Action Report describes the fierce fighting that Company K, 23rd Infantry, 2nd Infantry Division encountered in March 1945 * Two officers and 22 enlisted men were wounded in action and 2 enlisted men were killed * Paragraph 3 of the...
ARMY | BCMR | CY2009 | 20090000497
IN THE CASE OF: BOARD DATE: 19 May 2009 DOCKET NUMBER: AR20090000497 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal. _________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.
ARMY | BCMR | CY2012 | 20120002994
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he was awarded the Bronze Star Medal with "V" Device and the Combat Infantryman Badge for his service in the Republic of Korea (ROK). His DD Form 214 shows: a. he was an RA Infantryman, b. he served 11 months and 15 days of foreign service, c. his awards include the Silver Star, two awards of the Purple Heart, Korean Service Medal with 4 bronze service stars, and the United Nations Service...
ARMY | BCMR | CY2014 | 20140012257
The applicant's complete military records are not available to the Board for review. The applicant's reconstructed record does not contain orders awarding him any personal decorations for achievement, service, or valor. In order to request an award under Title 10, U.S. Code, section 1130, a DA Form 638 (Recommendation for Award) must be submitted.
ARMY | BCMR | CY2013 | 20130007267
The applicant requests that the DD Form 214 (Report of Separation from the Armed Forces of the United States) of his deceased father, a former service member (FSM), be corrected to reflect all of his authorized awards. The FSM's military records are not available for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Purple Heart with 1OLC, Republic of Korea War Service Medal, WWII Victory Medal, Army of...
ARMY | BCMR | CY2013 | 20130002475
The applicant requests correction of his records to show the Bronze Star Medal and he should have been awarded the Silver Star for action in combat on or about 8 September 1944. The applicant's complete military records are not available to the Board for review. However, in the absence of official orders, there is insufficient evidence to show the applicant was awarded the Bronze Star Medal or correct his WD AGO Form 53-55 to show this award.
ARMY | BCMR | CY2010 | 20100010497
The FSMs military records are not available to the Board for review. Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy. Therefore, regrettably, there is insufficient evidence on which to base adding the Silver Star to the FSM's WD AGO Form 53-55.
ARMY | BCMR | CY2014 | 20140013706
The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his awards of the Bronze Star Medal (BSM) and Silver Star and that his discharge certificate be corrected to show he was inducted in March instead of May and his last name corrected on his Certificate of Service. He had served 1 year, 9 months and 4 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Korean...
ARMY | BCMR | CY2014 | 20140018322
The applicant, the daughter of a deceased former service member (FSM), requests on her father's behalf correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the Bronze Star Medal and Silver Star. The FSM's military record is not available to the Board for review. _______ _ 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.