IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100000995 


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 reconsideration of her request that the record of her husband, a former service member (FSM), be corrected to show he earned the Silver Star (SS).

2.  The applicant states in addition to her original argument:

   a.  a view of the FSM’s battle jacket will reveal the awards he was obviously presented and earned;

   b.  during the FSM’s military service thousands of records were prepared using manual typewriters which were not always complete;

   c.  the FSM was awarded the SS independent of the events shown on General Orders Number 11, dated 11 January 1945, announcing his award of the Bronze Star Medal (BSM);

   d.  while being transferred to a safer hospital in a convoy of ambulances and having been pinned down by incoming gunfire, the FSM and a captain crawled out of their ambulance with a revolver and carbine, fired their weapons on the snipers, and secured the area; and

   e.  later in the hospital the captain gave the FSM a letter or certificate recommending him for the award of the SS because there were no medals at the hospital at that time.

3.  The applicant provides the following documents:

* a self-authored statement
* a picture of awards on a uniform jacket
* a copy of General Order Number 11, dated 11 January 1945

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2090010924 on 9 December 2009.

2.  The applicant provides a copy of a photograph of awards and decorations on a uniform jacket, including the Silver Star, which was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  During its original review of the case, the Board determined the FSM’s existing file was void of any corroborating evidence that he was ever recommended for or awarded the SS by the appropriate authority while he served on active duty and denied the applicant’s request for this medal.

4.  The FSM's complete military 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 FSM’s records were lost or destroyed in that fire.  However, 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 a reconstructed record that consists primarily of the FSM's WD AGO Form 53-55.

5.  The FSM’s WD AGO Form 53-55 shows he entered active duty on 23 October 1942 and he continuously served until he was honorably discharged from the Army on 7 November 1945, having completed 2 years, 10 months, and 22 days of creditable military service.  The SS is not included among the awards listed on this document.

6.  The FSM’s reconstructed record remains void of any orders or any other documents to show was awarded or recommended for award of the SS.

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-10 of the awards regulation contains guidance on award of the SS and states, in pertinent part, that it is awarded for gallantry in action of a lesser degree than required for the Distinguished Service Cross.

DISCUSSION AND CONCLUSIONS:

The applicant contends the FSM was recommended for or awarded the SS.  However, there are no orders or other corroborating evidence in the FSM’s available record or provided by the applicant/FSM to show he (FSM) was ever recommended for or awarded the SS by proper authority during his military service.  Although the SS is affixed on the uniform in the photograph she now provides, regrettably, there is still an insufficient evidentiary basis to support granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090010924 dated 9 December 2009.



      ____________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)                                         AR20100000995



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ABCMR Record of Proceedings (cont)                                         AR20100000995



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