BOARD DATE: February 16, 2017 DOCKET NUMBER: AR20150018184 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 BOARD DATE: February 16, 2017 DOCKET NUMBER: AR20150018184 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 Army Board for Correction of Military Records set forth in Docket Number AR20130022122, dated 20 August 2014. ___________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: February 16, 2017 DOCKET NUMBER: AR20150018184 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 his earlier request to correct his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show the following awards: * Combat Medical Badge * Bronze Star Medal * Silver Star * Purple Heart 2. The applicant states the Board failed to include award of the Bronze Star Medal and Combat Medical Badge on the DD Form 215 (Correction to DD Form 214 – Certificate of Release or Discharge from Active Duty). He trusts this was an oversight. He will never receive awards of the Silver Star or Purple Heart due to the National Personnel Records Center fire. He is 90 years old and recently had his aortic valve in his heart replaced. His life expectancy is 813 days. 3. The applicant provides: * letters from the National Personnel Records Center, dated 22 February 2000 and 24 June 2013 * DA Form 1577 (Authorization for Issuance of Awards), dated 17 April 2000 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 AR20130022122 on 20 August 2014. 2. The applicant's contentions are new evidence that were not previously considered by the Board and warrant consideration at this time. 3. The applicant'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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 4. His WD AGO Form 53-55 shows: * he was inducted into the Army of the United States on 16 March 1943 and entered active duty on 23 March 1943 * his military occupational specialty was 861 (surgical technician) * he was assigned to the Medical Detachment, 160th Engineer Combat Battalion * he served in the European theater of operations from 3 July to 5 November 1944 * he participated in one campaign (Northern France) * he was not wounded in action – the entry "None" in item 34 (Wounds Received in Action) * he was awarded the European-African-Middle Eastern Campaign Medal with one bronze service star * he was honorably discharged on 1 May 1945 by reason of disability 5. There are no orders for award of the Silver Star, Bronze Star Medal, Purple Heart, or Combat Medical Badge in his available records. 6. He provided a letter from the National Personnel Records Center, dated 22 February 2000, stating the records center had a devastating fire in 1973 that destroyed 18 million files and most of his records were destroyed. Without orders or verification of files, he cannot be awarded medals that were not shown on his WD AGO Form 53-55. 7. He provided a DA Form 1577, dated 17 April 2000, showing he was authorized issuance of the Bronze Star Medal and Combat Medical Badge. 8. He provided a letter from the National Personnel Records Center, dated 24 June 2013, pertaining to the criteria for award of the Bronze Star Medal based on award of the Combat Infantryman Badge or Combat Medical Badge. 9. On 20 August 2014, the ABCMR denied his request for award of the Bronze Star Medal, Purple Heart, and Combat Medical Badge. He was advised that he could submit a request for award of the Silver Star through a Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 10. His DD Form 215, dated 21 September 2014, added the following awards to his WD AGO Form 53-55 for the period ending 1 May 1945: * American Campaign Medal * World War II Victory Medal * Honorable Service Lapel Button REFERENCES: 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 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. b. The Bronze Star Medal is awarded in time of war for heroism and for 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. c. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. d. The Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat. e. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION: 1. There are no orders for award of the Silver Star in his available records and no indication he submitted a request for award of the Silver Star through a Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 2. His request for correction of his WD AGO Form 53-55 to show award of the Bronze Star Medal was noted. The record does not show a basis for the entry on the DA Form 1577 showing he was authorized issuance of the Bronze Star Medal. 3. His request for correction of his WD AGO Form 53-55 to show award of the Combat Medical Badge was also noted. There is no evidence of record showing he was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which was engaged in active ground combat. His WD AGO Form 53-55 clearly shows he was assigned to the Medical Detachment of the 160th Engineer Combat Battalion. The record does not show a basis for the entry on the DA Form 1577 showing he was authorized issuance of the Combat Medical Badge. 4. There are no orders awarding him the Purple Heart in his available records. His WD AGO Form 53-55 does not show he was wounded in action. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018184 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018184 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2