ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 October 2020 DOCKET NUMBER: AR20200001484 APPLICANT REQUESTS: Correction the former service member's (FSM) WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to reflect he was awarded the Army Distinguished Service Cross, APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * WD AGO Form 53-55 * Certificate of Military Service * Certificate of Death FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she is requesting the Army Distinguished Service Cross for the FSM. The FSM was awarded the Purple Heart. 3. The FSM's complete military records are not available to the ABCMR 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, there were sufficient documents remaining in a reconstructed record for the ABCMR to conduct a fair and impartial review of this case. 4. The FSM's official records contain the following documents for the Board's consideration: a. A WD AGO Form 21 (Enlistment Record Regular Army), which shows the FSM enlisted in the Regular Army on 6 November 1940. b. A WD AGO Form 079 (Record of Award of Decoration by Agency other than Ward Department), which shows the FSM was awarded the Purple Heart on 16 July 1944 for wounds received as a result of enemy action on 7 July 1944 in the European Theater of Operations. c. A Casualty Message Telegram, dated 29 July 1944, which shows the FSM's mother was notified the FSM had been wounded in action. d. A WD AGO Form 0335 (Battle Casualty Report), which shows the FSM was wounded in action on 7 July 1944. e. Medical documents which show the FSM had been wounded by a rifle in his right thigh. The wound was moderately severe and fractured his femur. f. A WD AGO Form 53-55, for the period ending 27 September 1945 which shows the FSM was honorably discharged from the Army and he had received the Purple Heart. The form also shows he was awarded the Combat Infantryman Badge. g. The FSM's service record is void of documentation referencing the Distinguished Service Cross. 5. The applicant provides the following documents for the Board's consideration: a. The FSM's WD AGO Form 53-55, which was present in his service record. b. A Certification of Military Service, which shows the FSM was in the Regular Army from 6 November 1940 through 27 September 1945 and received an Honorable discharge c. The FSM's death certificate, which shows he died on 8 May 2000. 6. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism not justifying the award of a Medal of Honor while engaged in an action against an enemy of the United States. The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from their comrades. The Board found no evidence in the available records indicating the FSM was recommended for or awarded the Distinguished Service Cross. In the absence of documentation indicating he was recommended for or received the Distinguished Service Cross during his World War II service, the Board determined there is no basis for correcting his record to show he received this award. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Other than corrections addressed in Administrative Note(s) below, the Board determined 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 otherwise insufficient as a basis for correction of the records of the individual concerned. X 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. ADMINISTRATIVE NOTE(S): 1. The FSM is authorized the World War II Victory Medal. He is also authorized award of the Bronze Star Medal, which was authorized for all Soldiers who were awarded the Combat Infantryman Badge during World War II. 2. Award the FSM the Bronze Star Medal and correct his WD AGO Form 53-55 by adding the World War II Victory Medal and the Bronze Star Medal. REFERENCES: 1. Title 10, USC, 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 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. 2. Army Regulation 600-8-22 (Military Awards) states: a. The Distinguished Service Cross was established by Act of Congress on 9 July 1918 (amended by Act of 25 July 1963). b. The Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism not justifying the award of a Medal of Honor; while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing or foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party. The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from their comrades. c. The Distinguished Service Cross is a valor award and will not be awarded for achievement or service. The appropriate equivalent award for achievement or service is the Distinguished Service Medal. 3. Title 10, U.S. Code, section 1130 (10 USC 1130) provides: a. The legal authority for consideration of proposals for decorations not previously submitted 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. b. 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 (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY 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. //NOTHING FOLLOWS//