IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140019832
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 the deceased former service member (FSM), requests, in effect, correction of the FSM's records by showing he was awarded the Silver Star and the Purple Heart.
2. The applicant states the FSM was originally nominated for award of the Silver Star; but only received the Bronze Star Medal (BSM). The FSM was also awarded the Purple Heart and the applicant currently possesses this medal.
3. The applicant provides copies of:
* General Orders (GO) Number 118, 26th Infantry Division, dated 28 May 1945 (11 pages)
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* Certificate of Death for the FSM, issued 30 April 1992
* Certificate of Birth for the applicant, issued 10 November 2014
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 FSM's 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, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The FSM's WD AGO Form 53-55 shows:
a. he was inducted into the Army of the United States on 18 March 1941;
b. he departed the United States on 27 August 1944 for duty in the European Theater of Operations;
c. he participated in the following campaigns:
* Northern France
* Rhineland
* Ardennes
* Central Europe
d. he returned to the United States on 16 October 1945;
e. his awards include:
* Good Conduct Medal
* American Defense Service Medal
* Bronze Star Medal "GO 118, HQ 26 Inf Div May 1945"
* European African Middle-Eastern Service Medal
f. he did not receive any wounds in action; and
g. he was honorably discharged on 30 October 1945.
4. GO Number 118, as provided by the applicant, announced the FSM's award of the Bronze Star Medal. These orders do not show the FSM was awarded a Purple Heart.
5. Army Regulation 600-8-22 (Military Awards):
a. provides 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. provides that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM's records should be corrected by showing he was awarded the Silver Star and Purple Heart.
2. The available evidence shows that the applicant served in combat and received a Bronze Star Medal. However, there is no available documentation showing the FSM was originally nominated for the Silver Star. The applicant has not provided sufficient documentary evidence to support his contention. Accordingly, this issue cannot be further addressed at this time.
3. The available evidence indicates that the FSM served in combat. However, there is no documentary evidence showing he was wounded as a result of enemy action, or received medical treatment for any such wounds.
4. In view of the above, the applicant's request should be denied.
5. This action in no way diminishes the sacrifices made by the FSM in service to our Nation. All Americans should be justifiably proud of his service in arms.
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) AR20140019832
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ABCMR Record of Proceedings (cont) AR20140019832
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