ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 April 2019 DOCKET NUMBER: AR20170004926 APPLICANT REQUESTS: the records of his deceased father, a former service member (FSM), be corrected as follows: * Bronze Star upgrade to Medal of Honor or Silver Star * Personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 19 January 2017 and 22 February 2000 * General Orders (GO) Number 126 awarding the Purple Heart * Letter from Commanding General (CG), 7th Infantry Division, dated 16 September 1945 * WD AGO Form 100 (Separation Qualification Record) * WD AGO Form 79 (Record of Award Decoration by Agency other than War Department) * Adjutant General's Office (AGO) letters awarding the Bronze Star Medal (BSM) 27 March 1946 and 9 April 1946 * United States Army Reserve (USAR) Training Center letter of Honorable Discharge * DD Form 216A (Promotion Certificate) * Discharge Orders Number 5052 * Death certificate * Army Review Boards Agency (ARBA) letter, dated 21 March 2000 * United States Total Army Personnel Command (PERSCOM) (now known as the U.S. Army Human Resources Command (HRC) letter, dated 31 August 2000 * Letter from Congressman X , to PERSCOM, dated 11 January 2001 * Letter from Congressman X , to applicant, dated 7 October 2015 * Applicant Self-Authored Letter, dated 18 January 2016 * Letter from Congressman X , to applicant, dated 25 March 2016 * Letter from HRC to Congressman X , dated 15 December 2016 * Self-Authored applicant copy of award citation "undated" * 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 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 "that his father while under enemy fire saved 6 men and manned his machine gun alone all night preventing the enemy from advancing on his unit in the rear". He would like to have the Bronze Star upgraded to a Medal of Honor or a Silver Star Medal. He previously submitted an appeal through his congressional representative in 2015. He also requests a personal appearance before the Board on behalf of his father. 3. The FSM’s 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. His records were lost or destroyed in that fire. This case is being considered using the documents provided by the applicant: a. The FSM enlisted in the Regular Army on 5 Mar 1942, and completed training in the military occupational specialty 604 (Light Machine Gunner). b. He served during WWII with the 7th Infantry Division. He was awarded the Purple Heart for wounds received in action against the enemy on Okinawa Island, Ryukyu Islands on 2 May 1945. c. On 16 September 1945, he received a congratulatory letter from the Commanding General of the 7th Infantry Division and the Bronze Star Medal for heroic achievement in connection with military operations against the enemy on 19 April 1945 during the Okinawa Island Operation. The combat platoon, of which the applicant was a member, was assigned the mission of protecting a friendly artillery observation post. The first machine gun squad received a direct hit wounding five men and burying one man alive. The applicant without hesitation, left his covered position of comparative safety and crawled through the barrage, carried five men to safety. He returned again to the gun position and manned it alone during several enemy counter-attacks that night. d. DAGO Form 100 summarizes his job assignments and special training: * Light Machine Gunner, loaded, aimed, cleaned, maintained, repaired weapon against enemy installations and personnel * Squad leader taught men how to fire the machine gun * Served in the Philippines, Ryukyus and Korea * Awarded two battle stars, Purple Heart, and Combat Infantryman Badge * e. On 27 March 1946, and 9 April 1946, he received letters from the War Department, Adjutant General pertaining to the Bronze Star Medal. f. On 1 December 1956, he was honorably discharged from the Enlisted Reserve Corps. g. On 5 October 1959, he continued his service with the U. S. Army Reserves and was promoted to staff sergeant, in the Transportation Corps. h. On 20 June 1963, he was honorably discharged under the provisions of Army Regulation (AR) 135-178 (Reserve Components Separation of Enlisted Personnel) for expiration of term of service. 4. On 31 August 2000, applicant received letter from the military awards branch advising him of process for referral of an award recommendation or upgrade needing to be submitted by a Member of Congress. 5. On 11 January 2011, Congressman G , requested the Bronze Star decoration for conspicuous gallantry to be upgraded to the Medal of Honor posthumously to FSM. 6. On 7 October 2015, Congressman X , responded to Mr. X Jr., to fill out documentation in order for him to assist him regarding his father's military awards issue. 7. On 18 January 2016, Mr. X___, wrote a letter to the Army Review Board (ARBA) where he expressed whether his father needed to be killed in action in order to receive the Medal of Honor or at the very least the Silver Star. He came to know of his father's military records after his mother passed away. He implores the Board to look into the past and review his father's undying record of valor. He recaps the award citation in a self-authored letter identified as "copy". 8. On 25 March 2016, Congressman X , addressed his constituent trying to receive feedback from his case. 9. On 15 December 2016, Congressman X , received a response from HRC which stated: a. In 2001, FSM's case was reconsidered by the Army Decorations Board and the Commanding General, of U.S. Army Human Resources Command determined the Bronze Star Medal with "V" Device was the appropriate award for his actions. b. Per Army regulation, one time reconsideration by the award approval authority shall be conclusive and they could not take any further administrative action regarding his request. He was further directed of his right to appeal to the Army Board for Correction of Military Records. a. 10. On 28 August 2017, received letter from the National Personnel Records Center Archives response to inquiry from the ARBA support division to include any material available to Official Military Personnel File original record. 11. By regulation, applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires 12. The highest awards for valor are, in descending order, the Medal of Honor, the Distinguished Service Cross, and Silver Star. a. The Medal of Honor is awarded to a service member who distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his or her life above and beyond the call of duty while engaged in action against an enemy of the United States, while engaged in military operations. The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades and must have involved risk of life. Incontestable proof of the performance of the service is required and each recommendation for the award of this decoration will be considered on the standard of extraordinary merit. b. The Distinguished Service Cross is awarded to a Soldier who distinguishes 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 be so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades. c. The Silver Star is awarded to a Soldier who 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. The required gallantry, while of a lesser degree than that required for award of the Distinguished Service Cross, must nevertheless have been performed with marked distinction. d. By regulation, as evidenced by the above descriptions, there exists a very fine distinction between "conspicuous gallantry and intrepidity," "extraordinary heroism," and "gallantry in action." Often times, the degree of heroism required for a particular award is blurred and subject to personal interpretation. What is not subject to interpretation is the selfless sacrifice demonstrated by all recipients of these three highest awards for valor. All recipients are, without doubt, true American heroes. e. The applicant's record shows he was cited for heroism in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force. A decision was made to award him the Bronze Star Medal with "V" device for heroism. f. The Army Decorations Board referred the case to the Senior Army Decorations Board. Upon further review, the Senior Army Decorations Board, a board of senior a. general officers, determined the Bronze Star Medal with "V" Device was the appropriate award for his actions. g. A review of the evidence before this Board does not indicate that there is any substantial change in the account of the applicant's actions in 1946 or any substantial new documentation that was not available to the Army Decorations Board in their consideration of the recommendation for upgrade. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record of the former service member, the Board concluded there was insufficient evidence to warrant upgrading the award to a Silver Star. Based upon there being no new evidence discovered since the last HRC Awards Branch review of the case, the Board recommended denying the applicant’s request for relief. 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: 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 insufficient as a basis for correction of the records of the individual concerned. 5/7/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (ABCMR) 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, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 600-8-22 (Military Awards) states: a. The Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States. The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades and must have involved risk of life. Incontestable proof of the performance of the service is required. The President of the United States is the approval authority for the Medal of Honor. b. The Distinguished Service Cross is awarded to a person, who while serving in any capacity with the Army, distinguishes himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor. 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 his or her comrades. a. c. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. d. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. e. The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals. 4. Army Regulation 600-8-22 also states in paragraph 1-14, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130. 5. Title 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. A request for an award (or upgrade of an award) under 10 USC 1130 requires submission of a completed DA Form 638 (Recommendation for Award); a narrative of the actions or period for which recognition is requested; and sworn affidavits, eyewitness statements, certificates and related documents. Commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request are the best sources of corroborating evidence. Title 10 USC 1130 requires that a request of this nature be referred to the Service Secretary from a Member of Congress.