IN THE CASE OF: BOARD DATE: 4 October 2011 DOCKET NUMBER: AR20110006161 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. 2. He states that he was recommended for the Silver Star and it was never awarded. He was at a reunion of the 27th Raiders and 25th Infantry Division when he was asked by Colonel (COL) Hxx if he received the Silver Star. He had forgotten the COL had mentioned it to him in Korea and stated he was recommending him for this award. 3. He provides: * Korean War Casualty List * letter from COL Hxx * Veterans History Project * excerpt from an article titled, "About Face – The Odyssey of An American Warrior" 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 his records were destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case. 3. His available records show he reenlisted in the Regular Army on 23 January 1953 for 3 years with 5 years, 3 months, and 27 days of prior enlisted service. He served overseas in Korea for 7 months and 10 days. 4. There is no evidence or orders in his available records to show he was recommended for or awarded the Silver Star during his period of service. 5. He was honorably discharged in pay grade E-5 on 29 April 1955. He was credited with completion of 2 years, 3 months, and 7 days of net active service and no lost time. 6. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) lists the: * United Nations Service Medal * Purple Heart * National Defense Service Medal * Army Good Conduct Medal * Combat Infantryman Badge * Korean Service Medal with four bronze service stars 7. Item 28 (Most Significant Duty Assignment) of his DD Form 214 lists the 1901st Engineer Aviation Battalion. Item 29 (Wounds Received as a Result of Action with Enemy Forces) contains the entry, "Kumwha, Korea – 4 November 1951." 8. His name is listed on the Korean War Casualty List. 9. On 13 May 2004, he was advised by the ABCMR of his right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 10. On 29 March 2011, a staff member of the Army Review Boards Agency Congressional Special Actions verified that U.S. Army Human Resources Command, Fort Knox, KY, had denied the applicant's request for the Silver Star in 2005. A hardcopy of this denial was unavailable and had been filed in the archives at Suitland, MD. 11. He provides a copy of a letter, dated 4 September 2002, wherein the author stated the applicant was a member of the 27th Raiders in 1951 and 1952. He vividly recalled that the applicant was recommended for the Silver Star for gallantry in action on 4 November 1951. During the fight the applicant repeatedly distinguished himself. Without his heroic actions there was no question that the Raider mission would have been unsuccessful and a fair number of his wounded Raider mates would not have been evaluated to receive medical assistance. 12. He also provided a copy of an excerpt from an article titled, "About Face – The Odyssey of An American Warrior" about the Raiders and some of their missions. 13. 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. DISCUSSION AND CONCLUSIONS: His request for award of the Silver Star was carefully considered. The award recommendation and supporting evidence provided to the U.S. Army Human Resources Command was not available for review, and there is no evidence of record and he did not provide sufficient evidence that confirms he met the eligibility criteria for this award. BOARD VOTE: ____X____ ____X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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) AR20110006161 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110006161 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1