IN THE CASE OF: BOARD DATE: 15 December 2016 DOCKET NUMBER: AR20150014473 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 December 2016 DOCKET NUMBER: AR20150014473 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. ___________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. IN THE CASE OF: BOARD DATE: 15 December 2016 DOCKET NUMBER: AR20150014473 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 military service records to show award of the Silver Star. 2. The applicant states he served with Company L, 119th Infantry, 30th Infantry Division, in the European Theater of Operations (ETO) during World War II. a. His superior noncommissioned officer (NCO), Sergeant (SGT) BH, was wounded in action and instructed the applicant to lead troops of the 3rd and 4th platoons (who were under the NCO's command) from the Elbe River to friendly territory. The applicant states that he had singlehandedly captured six German soldiers and he led his American troops and the captured German soldiers back to safety. b. SGT BH informed the applicant that he was recommending him for award of the Silver Star for his actions. He adds the war in the ETO ended about 2 months later. 3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a newspaper article. 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 record is 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 applicant's records were lost or destroyed in that fire. However, the applicant's WD AGO Form 53-55 is sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 5 October 1942, entered active duty on 19 October 1942, and was honorably discharged on 11 October 1945. He had completed 1 year, 5 months, and 15 days of continental service and 1 year, 6 months, and 8 days of foreign service. It also shows in: * item 3 (Grade): Staff Sergeant * item 4 (Arm or Service): Infantry * item 6 (Organization): Company L, 119th Infantry * item 30 (Military Occupational Specialty and Number): Gunner, 604 * item 31 (Military Qualification and Date) – * Combat Infantryman Badge * Expert Marksmanship Qualification with Rifle and Bayonet * Sharpshooter Marksmanship Qualification with Pistol * item 32 (Battles and Campaigns) – * Normandy * Rhineland * Central Europe * item 32 (Decorations and Citations) – * European-African-Middle Eastern Campaign Medal with 3 Bronze Service Stars * Bronze Star Medal * Purple Heart * item 36 (Service Outside Continental U.S. (United States) and Return) – * departed U.S. – 12 February 1944 * arrived ETO – 23 February 1944 * departed ETO – 11 August 1945 * returned U.S. – 19 August 1945 4. In support of his application the applicant provides a copy of a newspaper article from an unidentified source and undated. It shows the applicant served in the ETO for 19 months, he was wounded twice (in France and Germany), and he spent 5 months in hospitals. It also shows his awards and decorations as follows: Silver Star, Bronze Star Medal, Purple Heart (1st Oak Leaf Cluster), Army Good Conduct Medal, European-African-Middle Eastern Campaign Medal with 5 campaign stars, and Combat Infantryman Badge. 5. NPRC, Military Personnel Records, St. Louis, MO, letter, dated 17 October 2007, shows the Director, NPRC, verified the applicant's entitlement to the following awards: * Bronze Star Medal (1st Oak Leaf Cluster) * Purple Heart * American Campaign Medal * European-African-Middle Eastern Campaign Medal with 3 Bronze Service Stars * World War II Victory Medal * Combat Infantryman Badge * Expert Marksmanship Qualification with Rifle and Bayonet Bars * Sharpshooter Marksmanship Qualification with Pistol Bar * Army Lapel Button 6. There are no orders or other evidence in the applicant's available military service records that shows he was awarded the Silver Star. 7. The website Home of Heroes (www.homeofheroes.com) lists names of individuals awarded valorous awards during World War II. A review of the website failed to reveal evidence that the applicant was awarded the Silver Star. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. 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. 2. Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon 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. 3. 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, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  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. DISCUSSION: 1. The applicant contends that his records should be corrected to show award of the Silver Star. 2. The sincerity of the applicant's comments with respect to his superior NCO's statement that he would recommend him for award of the Silver Star is not in dispute. The newspaper article he provides with his application is also noted; however, the Silver Star noted in the article is not corroborated by the available service record. 3. The evidence of record shows that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders. There are no records confirming the applicant was formally recommended for and awarded the Silver Star, as announced in orders. 4. A recommendation to deny relief will in no way affect his right to pursue his claim for the award by submitting his request through his Member of Congress under the provisions of 10 USC 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014473 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014473 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2