BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20170010068 BOARD VOTE: ___x______ __x_____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20170010068 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a.  revoking Headquarters, 7th Infantry Division, General Orders Number 272, dated 31 May 1953; b.  posthumously awarding the former service member the Silver Star for gallantry in action in Korea on 18 April 1953; and c.  adding award of the Silver Star to the former service member's DD Form 214. ___________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: 26 October 2017 DOCKET NUMBER: AR20170010068 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). 3. Formal Hearing Case Summary. 4. Live testimony and evidence introduced during the hearing. The son of a deceased former service member (FSM) appeared before the Board and was not represented by counsel. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the widow of a deceased FSM, with the assistance of their son, requests an upgrade of the FSM's award of the Bronze Star Medal with "V" Device to the Silver Star. 2. The applicant's son states: a.  The FSM was awarded the Bronze Star Medal with "V" Device for his valorous actions during the Korean War at Pork Chop Hill (Hill 255, Korea) on 18 April 1953. b.  The FSM should have been awarded the Silver Star due to his heroic and gallant actions. c.  A DA Form 638 (Recommendation for Award) has been filed for an upgrade of the FSM's Bronze Star Medal with "V" Device. One of the requirements is to find first-hand knowledge that sheds new light on the FSM's actions. The family has searched extensively for living veterans who could attest to the FSM's actions, but have been unable to find any as yet. d.  The FSM never discussed his service in Korea and it was not until his passing that the family was able to delve into his time there and learn about his actions. All avenues to find living veterans who could shed new light on his actions have been exhausted. The family will continue to search, but there is also a precedent in that other medics were awarded the Silver Star. 3. The applicant provides: * research summary * unidentified newspaper article, undated, subject: Green Point GI Gets Silver Star for Act of Heroism in Korea * journal entry from S____ K. M____, dated 16 February 1953 * 31st Infantry news article, "Through Enemy Fire Medics Do Great Job," Volume VIII, Number 69, dated 17 April 1953 * 9 photographs of the FSM and other Soldiers, with 6 May 1953 as the earliest dated photograph * Headquarters, 7th Infantry Division, General Orders Number 272, dated 31 May 1953 * newsletter, "Buffalo Bugle – Truth and Courage," Volume XII, Number 15, Korea, dated 24 April 1953 * newsletter, "Buffalo Bugle – Truth and Courage," Volume XII, Number 17, Korea, dated 26 April 1953 * Company A Casualties List for 6 July 1953 * FSM's DA Form 24 (Service Record), page 2 * FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) * FSM's Honorable Discharge Certificate * FSM's obituary announcing his death on 28 May 2009 * email from O___ and M___ W___, dated 18 April 2010 * letter from B____ W____ to the FSM's son, dated 25 April 2010 * undated letter from Dr. T____ E. N____, Ph.D. (verified recipient of Silver Star for conspicuous gallantry in action during the Korean War) * list of veterans who served at Pork Chop Hill and Veterans History Project listing, Korean War Veterans, 17th Infantry Regiment, 7th Division * Italian Tribune newspaper article written by the FSM's son, dated 27 May 2010, titled "Angel of Mercy – My Father – The Silent War Hero of Pork Chop Hill 1953," with photographs * self-authored letter, dated 7 June 2010 * letter from an unidentified individual named T___, dated 14 June 2010 * letter from M____ W____, 17th Infantry Regimental Association Historian, to the FSM's son, dated 19 July 2010 * self-authored letter to the applicant's Congressional representative, dated 19 September 2014 * Congressional correspondence, dated 19 June 2015, with attachments * Office of the Adjutant General, U.S. Army Human Resources Command, letter to the applicant's Congressional representative, dated 24 July 2015 * U.S. Army Center of Military History letter to the applicant's Congressional representative, dated 14 March 2016 * letter to the Secretary of the Army from the applicant's Congressional representative, dated 29 April 2016 * Director of Government Relations, Smithsonian Institution, letter to the applicant's Congressional representative, dated 10 May 2016 * letter to the Secretary of the Army from the applicant's Congressional representative, dated 29 April 2016 * Secretary of the Army letter to the applicant's Congressional representative, dated 31 May 2016 * Director, U.S. Army Heritage and Education Center, letter to the applicant's Congressional representative, dated 23 September 2016 * letter to the Army Review Boards Agency from the FSM's son, dated 5 January 2017 * letter to the Army Review Boards Agency from the applicant's Congressional representative, dated 3 April 2017 * Internet news article, updated on 21 May 2017, subject: Silver Star Posthumously Awarded to Cleveland World War II Vet * Miscellaneous dictionary, Google, and Internet definition and synonym searches for gallant, gallantry, and valor 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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered based on the documentation provided by the applicant and their son. 3. The FSM was inducted into the Army of the United States on 22 July 1952. 4. On 23 April 1954, the FSM was honorably released from active duty. His DD Form 214 shows, in part: a.  He completed 1 year, 9 months, and 1 day of creditable active military service and he was credited with 1 year, 1 month, and 11 days of foreign service. b.  He was awarded or authorized the: * Korean Service Medal with two bronze service stars * United Nations Service Medal * National Defense Service Medal * Combat Infantryman Badge * Purple Heart c.  He was assigned to Company A, 17th Infantry Regiment. 5. The applicant and her son provided: a.  a summary of efforts and organizations contacted to obtain supporting evidence for an upgrade of the FSM's Bronze Star Medal with "V" Device; b.  an unidentified newspaper article, undated, titled "Greenpoint GI Gets Silver Star for Act of Heroism in Korea," which states, in part, Private T____ H____ was awarded the Silver Star for gallantry in action in Korea on 16 April 1952. The narrative citation stated, "While going to the aid of a fallen comrade, Private H____ was wounded in the leg, rendering him unable to walk. Refusing medical aid and despite his intense pain, he managed to reach his fellow soldier by crawling over the treacherous terrain and through the heavy enemy fire. Only after all possible aid had been given to each man and he had assisted in the evacuation of the wounded, did Private H____ accept treatment for his own wounds"; c.  a journal entry from S____ K. M____, dated on or about 16 February 1953, in which he describes events on Pork Chop Hill; d.  31st Infantry Bear Facts news article, dated 17 April 1953, titled: "Through Enemy Fire Medics Do Great Job," which states Sergeant S____ K. M____ wrote an additional chapter in the medics' handbook of heroism and describes his determination to render medical assistance to an injured Soldier while being injured himself; e.  nine photographs of the FSM and other Soldiers, with the earliest photograph dated 6 May 1953; f.  Headquarters, 7th Infantry Division, General Orders Number 272, dated 31 May 1953, that show the FSM was awarded the Bronze Star Medal with "V" Device for heroic achievement in connection with military operations against an enemy of the United States in Korea on 18 April 1953 by order of the Commanding General, Major General T____. The narrative citation states the FSM "immediately began to administer first aid to the wounded. The enemy was still in the area and [FSM] was subjected to enemy grenade and small-arms fire. Disregarding his personal safety, [FSM] continued to move from place to place through the trenches and over the top of the ground treating the wounded until all were evacuated to safety; thereafter the enemy began shelling the area and [FSM] once again exposed himself to aid the casualties until all the wounded were evacuated to safety." g.  two Buffalo Bugle – Truth and Courage newsletters, dated 1953, that show, in part, Major General T____'s award of the Bronze Star Medal with "V" Device to 12 to 14 Soldiers and award of the Silver Star to 2 Soldiers of Company A, Buffalo Regiment (17th Infantry Regiment, 2nd Battalion); h.  a list of Company A casualties on 6 July 1953; i.  page 2 of the FSM's DA Form 24 showing his authorized or awarded decorations; j.  a copy of the FSM's Honorable Discharge Certificate showing he was honorably discharged from the Army of the United States on 1 July 1960; k.  a copy of the FSM's obituary announcement showing he died on 28 May 2009; l.  email from O____ and M____ W____, dated 18 April 2010, advising the applicant of possible search options; m.  a letter from B____ M____, dated 25 April 2010, in which he advised the FSM's son that he had found the FSM's name referenced among a large collection of 17th Infantry Regiment messages on a website; however, he missed the FSM's name among the 450 messages he scanned; n.  a letter, undated, from Dr. T____ E. N____, Ph.D., (a verified recipient of the Silver Star) who stated he served as a combat medic with an infantry platoon on T-Bone and Pork Chop Hills and he could attest to the everyday bravery exhibited by frontline medics. After being wounded and treated at a hospital, he volunteered to return to Company A, 17th Infantry Regiment, as a medic in time to return to Pork Chop Hill. He performed the same life-saving duties the FSM performed on 18 April, possibly in the very same location. He stated the description of both his and the FSM's actions on Pork Chop Hill were similar, with the largest difference being the terminology "distinguished himself by heroic achievement" cited for the FSM and "distinguished himself by gallantry in action" cited for himself. He submitted that they both performed the same life-saving actions under the same heroic conditions and thus the FSM's performance was worthy of the Silver Star; o.  a list of veterans who served at Pork Chop Hill at the same time as the FSM and a listing for the Veterans History Project, Korean War Veterans, 17th Infantry Regiment, 7th Division; p.  a newspaper article from the Italian Tribune written by the FSM's son, dated 27 May 2010, titled "Angel of Mercy – My Father – The Silent War Hero of Pork Chop Hill 1953," which included a photograph of the FSM and other Soldiers who received awards for their service in the Battle of Pork Chop Hill in April 1953, a single photograph of the FSM with his medic bag, and an unidentified photograph of the FSM with two other Soldiers; q.  self-authored letter template, dated 7 June 2010, advising of the Italian Tribune article, dated 27 May 2010; r.  a letter to the applicant by an individual named T____, dated 14 June 2010, acknowledging receipt of the Italian Tribune news article, dated 27 May 2010, from the applicant; s.  a letter from M____ W____, 17th Infantry Regimental Association Historian, dated 19 July 2010, who congratulated the FSM's son on his newspaper article; t.  a self-authored letter from the applicant to her Congressman, dated 19 September 2014, requesting the FSM's nomination for award of the Silver Star for his actions on Pork Chop Hill; u.  Congressional correspondence to the Secretary of the Army, dated 19 June 2015, with a DA Form 638 recommending the FSM for award of the Silver Star; v.  a letter from the Office of the Adjutant General, U.S. Army Human Resources Command, dated 24 July 2015, on behalf of the Secretary of the Army in which the FSM's son was advised the DA Form 638 had to be signed by an individual who possessed firsthand knowledge of the FSM's actions during the incident in question; w.  Congressional correspondence from the Director, Field Programs, U.S. Army Center of Military History, dated 14 March 2016, advising Congressman F____ that his office was unable to identify or locate records of individuals who may have witnessed the FSM's actions of April 1953 and the search included contacting the National Archives and Records Administration; x.  Congressional correspondence from Congressman F____ to the Secretary of the Army, dated 29 April 2016, requesting assistance on assembling information on the FSM's unit, the 17th Infantry Regiment; y.  Congressional correspondence from the Smithsonian Institution, dated 10 May 2016, advising Congressman F____ that the institution had limited material about the Korean War and other sources resulted in the same response; z.  Congressional correspondence from the Secretary of the Army and Chief of Staff, dated 31 May 2016, to Congressman F____ advising him, in part, that new, substantive, and material information that significantly changed the scope and magnitude of the FSM's actions on 18 April 1953 was required for consideration in awarding the FSM the Silver Star in lieu of the Bronze Star Medal with "V" Device; and aa.  Congressional correspondence from the U.S. Army Heritage and Education Center, dated 23 September 2016, advising Congressman F____ that award of the Silver Star could have been approved by the first commanding general in the FSM's chain of command in the rank of major general or higher, and a thorough review of available historical holdings of the 7th Infantry Division and the assigned infantry regiments did not produce any material or official records that could provide detailed information regarding the experiences of medics during the Battle of Pork Chop Hill on 18 April 1953; bb.  a letter from the FSM's son, dated 5 January 2017, in which he restates efforts taken to have his father's Bronze Star Medal with "V" Device upgraded. cc.  Congressional correspondence from Congressman F____ to the Army Review Boards Agency, dated 3 April 2017, requesting an upgrade of the FSM's award of the Bronze Star Medal with "V" Device to the Silver Star; dd.  Cleveland.com news article, "Silver Star Posthumously Awarded to Cleveland World War II Vet," updated on 21 May 2017; and ee.  miscellaneous definitions of gallant, gallantry, and valor. 6. On 29 June 2017, the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, provided an advisory opinion in which he stated any request for reconsideration of a previously approved award must include new, substantive, and material information which fundamentally changes the scope and magnitude of the current understanding of the incident on 18 April 1953. Absent such information, there was no reason to presume the chain of command at the time approved an inappropriate award. 7. The FSM's son was provided a copy of the advisory opinion in July 2017 for information and comment on behalf of the applicant. In response to the advisory opinion, the FSM's son provided copies of previously submitted Congressional correspondence. 8. On 26 October 2017, a formal hearing was held on the FSM's behalf. The applicant attended and provided testimony and responses to Board members' questions regarding his efforts on obtaining information for this case and on the FSM. The applicant also provided additional evidence which was incorporated into the case. REFERENCES: 1.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  The Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party. The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. b.  The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States or a friendly foreign nation after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service not involving participation in aerial flight, in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. Awards may be made for acts of heroism performed under circumstances described above which are of lesser degree than required for the award of the Silver Star. When the BSM is awarded for heroism, a bronze letter "V" (for valor) is worn on the suspension and service ribbon of that medal. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends the FSM should have been awarded the Silver Star for his heroic actions in Korea instead of the Bronze Star Medal with "V" Device. 2. The available evidence shows the FSM was awarded the Bronze Star Medal with "V" Device for heroic achievement in connection with military operations against an enemy of the United States in Korea on 18 April 1953 by order of Major General T____, the Commanding General, Headquarters, 7th Infantry Division. 3. The U.S. Army Heritage and Education Center advised that award of the Silver Star could have been approved by the first commanding general in the FSM's chain of command in the rank of major general or higher. 4. The evidence shows the FSM's award of the Bronze Star Medal with "V" Device is not shown on his DD Form 214. This administrative correction does not require a Board determination. The Board is considering the primary issue in this case, which is whether the FSM's award of the Bronze Star Medal with "V" Device should be upgraded to the Silver Star. 5. The applicant provided a statement from a former combat medic who was awarded the Silver Star for gallantry in action in Korea. The former combat medic states the descriptions of both his and the FSM's actions were very similar, with the largest difference being the terminology "distinguished himself by heroic achievement" cited for the FSM and "distinguished himself by gallantry in action" cited for himself. He submits they both performed the same life-saving actions under the same heroic conditions and the FSM was worthy of award of the Silver Star. 6. Although the former medic believes the FSM's actions were worthy of award of the Silver Star, he did not have firsthand knowledge of the FSM's actions and he was not in the FSM's chain of command. Furthermore, the citations differ significantly in the narrative descriptions of the medics' actions. 7. The narrative citation for the Silver Star recipient stated, "While going to the aid of a fallen comrade, Private H____ was wounded in the leg, rendering him unable to walk. Refusing medical aid and despite his intense pain, he managed to reach his fellow soldier by crawling over the treacherous terrain and through the heavy enemy fire. Only after all possible aid had been given to each man and he had assisted in the evacuation of the wounded, did Private H____ accept treatment for his own wounds." 8. The narrative citation for the FSM's award of the Bronze Star Medal with "V" Device stated the FSM "immediately began to administer first aid to the wounded. The enemy was still in the area and [FSM] was subjected to enemy grenade and small-arms fire. Disregarding his personal safety, [FSM] continued to move from place to place through the trenches and over the top of the ground treating the wounded until all were evacuated to safety; thereafter the enemy began shelling the area and [FSM] once again exposed himself to aid the casualties until all the wounded were evacuated to safety." 9. After careful deliberation and consideration of evidence and testimony provided, the Board majority concluded the FSM's Bronze Star with "V" Device should be upgraded to a Silver Star. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS FORMAL HEARING ABCMR Record of Proceedings (cont) AR20170010068 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS FORMAL HEARING Enclosure 1 ABCMR Record of Proceedings (cont) AR20170010068 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS FORMAL HEARING Enclosure 2