BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160004570 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ___x_____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160004570 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based on his previous award of the Combat Infantryman Badge; and b. amending his WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) by adding the: * Bronze Star Medal * World War II Victory Medal 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to providing written justification and/or citations describing the FSM's actions in WWII that resulted in him being awarded the Purple Heart, or that pertains to correcting the FSM's record to show he was awarded a previous Bronze Star Medal (prior to that awarded above) or a second award of the Purple Heart. _____________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. BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160004570 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 a deceased former service member (FSM), requests, in effect: a. a citation that provides the written justification for his father's award of the Silver Star Medal; and b. copies of documents (e.g. citations, commendations, certificates, or orders) that show his father was awarded the Bronze Star Medal and the Purple Heart (2nd Award) during his service in World War II (WWII). 2. The applicant states, in effect, his father was awarded the Silver Star, Bronze Star Medal, and Purple Heart (2nd Award) during WWII. a. A military website requested that a copy of the justification for his father's Silver Star be provided to the Department of the Army. A family member found his father's military record, which indicates he received the Silver Star during WWII, but the justification had not been found until recently. b. His father had several medals including the Bronze Star Medal and the Purple Heart. His father told him when he was a child that he (his father) had received two Purple Hearts, one for a minor flesh wound and another for being shot by a German sniper. 3. The applicant provides: * the FSM's State of Florida Certificate of Death * copies of his birth certificate, Certificate of Retirement, Passport Card, and Department of Defense/Uniform Services Identification (ID) Card * the FSM's WD AGO Form 65-1 (Officer's ID Card) * an extract of the FSM's DD Form 398 (Statement of Personal History) * General Orders Number 90, issued by Headquarters, Ninth Infantry Division, on 13 June 1945 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 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 the FSM's records were lost or destroyed in that fire. Nevertheless, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, including the FSM's WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) and evidence provided by the applicant. 3. In part, the applicant requests written justification and/or a citation that describes his father's actions in WWII that resulted in him being awarded the Silver Star. The written justification for the FSM's Silver Star is contained within the narrative found in General Orders Number 90, which the applicant provided with his application to this Board. Accordingly, no further relief is necessary and this portion of his request will not be further discussed in this Record of Proceedings. 4. The FSM's WD AGO Form 53-98 shows he was appointed as a commissioned officer in the Army of the United States on 6 April 1943. He was appointed in the Infantry branch and was awarded military occupational specialty 1542 (Infantry Unit Commander). He was honorably released from active duty on 31 December 1945. This form shows the following pertinent information: * item 3 (Grade) – Captain * item 4 (Arm or Service) – INF (Infantry) * item 6 (Organization) – 411th Anti-Aircraft Artillery Gun Battalion * item 28 (Battles and Campaigns) – 5 Bronze Service Stars for Normandy, Northern France, Rhineland, Ardennes, Central Europe * item 29 (Decorations and Citations) – * Silver Star * Purple Heart * Combat Infantryman Badge * European – African – Middle Eastern (EAME) Theatre Ribbon * item 29 also shows the handwritten entry "Bronze Star 1947" following by the FSM's initials * item 30 (Wounds Received in Action) – "26 June 44 European Theatre of Operations" * item 32 (Service Outside Continental U.S. and Return) – he departed the U.S. on 12 December 1943, enroute to the European Theatre of Operations (ETO), where he arrived on 19 December 1943 * item 32 – he departed the ETO on 16 October 1945, enroute to the U.S., where he arrived on 23 October 1945 * item 34 (Current Tour of Active Duty) – he completed 10 months and 14 days of continental service and 1 year, 10 months, and 11 days of foreign service * item 43 (Remarks) – he was awarded the Lapel Button 5. The FSM's available record is void of documentation that shows the FSM was awarded the Bronze Star Medal or a second Purple Heart. Additionally, his record is void of documentation that shows he was awarded any additional medals or decorations. 6. The applicant provides General Orders Number 90, issued by Headquarters, Ninth Infantry Division on 13 June 1945, which awarded the FSM the Silver Star. These orders included the FSM's Silver Star narrative citation. The FSM's record is void of any other certificate, citation, or orders that describe the FSM's actions that resulted in his award of the Silver Star. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that: a. 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 for award of the Bronze Star Medal. Therefore, the Bronze Star Medal is awarded to individuals who were awarded either badge for service during WWII. b. The WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. DISCUSSION: 1. The FSM's WD AGO 53-98 shows he was awarded the Combat Infantryman Badge during his period of service in WWII. In accordance with applicable regulations, an award of the Combat Infantryman Badge is considered to be a citation in orders for award of the Bronze Star Medal. However, this award is not listed on his WD AGO 53-98. 2. The applicant served a qualifying period of service for the WWII Victory Medal; however, this award is not shown on his WD AGO Form 53-98. 3. The applicant contends his father had several medals including the Bronze Star Medal and the Purple Heart. His father told him when he was a child that he (his father) had received two Purple Hearts, one for a minor flesh wound and another for being shot by a German sniper. He requests written justification and/or citations that describe his father's actions in WWII that resulted in him being awarded the Bronze Star Medal and the Purple Heart. 5. The FSM's WD AGO Form 53-98 shows he was awarded a single Purple Heart. However, his limited records do not contain evidence of a previous award of the Bronze Star Medal or a second award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004570 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004570 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2