IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160004539 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 adding the following awards to his WD AGO Form 53-98 for the period ending 12 February 1946: * Silver Star * Distinguished Conduct Medal (United Kingdom) 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. IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160004539 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :MDE :BBW :GLK GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160004539 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 daughter of a former service member (FSM), requests correction of her father's records to reflect award of the Silver Star and the British Distinguished Conduct Medal. 2. The applicant states: a. She is requesting assistance in correcting her father's military records to reflect his valor during World War II. His Certificate of Service does not show his award of the Silver Star and the British Distinguished Conduct Medal for gallantry. b. The original citations for these awards were sent home to the family farm near Shelocta, PA, and were lost. Her father's Army records were destroyed in the 1973 fire at the National Personnel Records Center. c. There are three sources of evidence showing he was awarded the Silver Star. (1) He is cited by name and serial number in the 331st Infantry Regiment, 83rd Infantry Division, After Action Report for April 1945, dated 5 May 1945. (2) His award is cited in contemporaneous newspaper articles printed less than 2 and 3 weeks after the after action report. (3) The published book, "We Saw it Through: History of the Three Thirty First Combat Team, Today, Tomorrow, Forever," by Jack M. Strauss, cites award of the Silver Star to her father along with other recipients on page 228. d. There are three sources of evidence showing he was awarded the Distinguished Conduct Medal. (1) Documentation from the National Archives of the United Kingdom shows he was awarded the Distinguished Service Cross. (2) The recommendation for the Distinguished Service Cross was signed by Lieutenant General C____ H____, Commander of U.S. First Army. (3) The published book, "We Saw it Through: History of the Three Thirty First Combat Team, Today, Tomorrow, Forever," by Jack M. Strauss, cites her father's award of the Distinguished Service Cross on page 229. e. Her father is almost 94 years old. He was recognized for his gallantry in action with every award for valor other than the Medal of Honor, to include the Bronze Star Medal with 1st Oak Leaf Cluster. Her father is one of the quiet heroes of World War II who are quickly slipping away and she earnestly appreciates any help the Board can offer. 3. The applicant provides: * self-authored letter * photograph of FSM * National Archives of the United Kingdom Distinguished Conduct Medal documentation * Headquarters, 331st Infantry Regiment, After Action Report, dated 5 May 1945 * FSM's Enlisted Record * Army of the United States Honorable Discharge Certificate, dated 17 January 1945 * three newspaper clippings from the Indiana Gazette, dated 16 May 1945; Pittsburgh Post-Gazette, dated 24 May 1945; and a newspaper clipping of unknown origin and date * FSM's WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) for the period ending 12 February 1946 * FSM's Army of the United States Certificate of Service, dated 12 February 1946 * excerpts from the book, "We Saw it Through: History of the Three Thirty First Combat Team, Today, Tomorrow, Forever," by Jack M. Strauss * Army Form W 3121 (Recommendation for Award), undated * National Personnel Records Center letter, dated 4 January 2016 * FSM's Certification of Military Service, dated 4 January 2016 * FSM's letter of authorization, dated 1 February 2016 * Internet article titled "Distinguished Conduct Medal Recipients" from Geni.com (http://www.geni.com/projects/Distinguished-Conduct-Medal-Recipients/24648) * Internet article titled "Distinguished Conduct Medal" from Wikipedia.com (https://en.wikipedia.org/wiki/Distinguished_Conduct_Medal) 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 was inducted into the Army of the United States on 10 October 1942. 3. The applicant provided documentation from the National Archives of the United Kingdom, which contains surviving successful recommendations from the British War Office to Soldiers of allied armies. It lists the FSM as having been awarded the British Distinguished Conduct Medal for gallant and distinguished service. 4. Included in the National Archives of the United Kingdom information is an Army Form W 3121, which states the FSM was recommended for award of the Distinguished Conduct Medal for leading his platoon in the assault on the town of Lendersdorf, Germany, on 17 December 1944, when a heavy concentration of enemy machine gun fire halted the advance. He ordered his men to take cover as he crept forward with several hand grenades toward the enemy machine gun position and gallantly moved through heavy enemy fire, destroying the enemy gun and killing the crew. He repeated this action, silencing the enemy guns, which permitted his company to advance and capture the town. This award recommendation is signed by Lieutenant General C____ H____, Commanding General, First U.S. Army. 5. His Enlisted Record shows he attained the enlisted rank of first sergeant and was assigned to the 83d Infantry Division. He participated in Normandy, Northern France, and Germany campaigns during the period 1944-1945. He was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1), Bronze Star Medal, Combat Infantryman Badge, European-African-Middle Eastern Campaign Ribbon (currently known as the European-African-Middle Eastern Campaign Medal), Army Good Conduct Ribbon (currently known as the Army Good Conduct Medal), and overseas service bar. He was honorably discharged on 17 January 1945 for the convenience of the Government to accept a commission. 6. His records show he was appointed as a Reserve commissioned officer with concurrent orders to active duty effective 18 January 1945. 7. The Headquarters, 331st Infantry Regiment, after action report, dated 5 May 1945, contains a document titled, "Appendix Number 4 to After Action Report April 1945," which lists the personnel of the 331st Infantry Regiment who were awarded the Silver Star for gallantry in action during the month of April 1945. The FSM is listed by name and serial number as having been awarded the Silver Star for gallantry in action and disregard for personal safety displayed on 11 April 1945 in Germany, which reflected the highest credit upon himself and the Armed Forces of the United States. 8. The applicant provided three newspaper clippings. The clippings are from the Indiana Gazette, dated 16 May 1945; Pittsburgh Post-Gazette, dated 24 May 1945; and a clipping of unknown origin and date. Each article states the FSM was awarded the Silver Star for gallantry in action in Germany. 9. The FSM's WD AGO Form 53-98 shows he reentered active duty on 18 January 1945 where he was assigned to the 331st Infantry Regiment, 83d Infantry Division. He participated in the Ardennes, Rhineland, and Central Europe campaigns. He was awarded or authorized the World War II Victory Medal, European-African-Middle Eastern Campaign Medal with three battle stars, Bronze Star Medal with one oak leaf cluster, and American Campaign Medal. He was honorably released from active duty in the rank of first lieutenant on 12 February 1946. 10. Excerpts from the book "We Saw it Through: History of the Three Thirty First Combat Team, Today, Tomorrow, Forever," by Jack M. Strauss, state the FSM was awarded both the Silver Star and the Distinguished Conduct Medal. 11. The FSM's Honorable Discharge Certificate shows he was honorably discharged from the Army of the United States on 1 April 1953. 12. The applicant provided Internet articles from Wikipedia and Geni referencing general information regarding the British Distinguished Conduct Medal. 13. The FSM's Member of Congress submitted a request to the Army Review Boards Agency, dated 18 February 2016, seeking correction of the FSM's separation paperwork to reflect award of the Silver Star and the British Distinguished Conduct Medal for his service in World War II. REFERENCES: 1. Army Regulation 600-45 (Decorations), in effect at the time, stated that during World War II and for 1 year thereafter, Congress authorized acceptance from the governments of co-belligerent nations, neutral nations, or the other American Republics of such decorations as could be conferred by those governments upon members of their own military forces. Prior to acceptance, the award must have been approved by the War Department or by a commander specifically designated by the War Department. Each award of a foreign decoration must have included a citation, order, certificate, or decision by the foreign government naming the person for whom the award was intended. The Adjutant General, or the commander authorized to accept foreign decorations, notified members of the Army of the United States of authority to receive and wear such foreign decorations. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. DISCUSSION: 1. Documentation from the National Archives of the United Kingdom, to include a U.S. Army award recommendation signed by Lieutenant General C____ H____, Commanding General, First U.S. Army, shows the FSM was awarded the British Distinguished Conduct Medal for gallantry in action in Germany on 17 December 1944. This award is not reflected in his Enlisted Record or his WD AGO  Form 53-98 for the period ending 12 February 1946. 2. Although a formal recommendation and orders are not in his available records for review, a Headquarters, 331st Infantry Regiment, After Action Report, dated 5 May 1945, contains a document titled, "Appendix Number 4 to After Action Report April 1945," which lists the personnel of the 331st Infantry Regiment who were awarded the Silver Star for gallantry in action during the month of April 1945. The FSM is listed by name and serial number as having been awarded the Silver Star for gallantry in action and disregard for personal safety displayed on 11 April 1945 in Germany. This award is not reflected in his WD AGO  Form 53-98 for the period ending 12 February 1946. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160004539 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004539 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2