ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 11 June 2019 DOCKET NUMBER: AR20180009933 APPLICANT REQUESTS: a. Award of the: * Silver Star * Bronze Star Medal with "V" (Valor) b. Correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his first name as A____ and middle name as I____. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * partial document (orders), showing award of the Medical Badge (undated) * DD Form 214 * letter, Honorable Richard Lugar, United States Senate, dated 26 June 2007 * letter, applicant, dated 20 March 2009 * letter, Korea War Veterans Association, Department of Illinois, 7 April 2009 * letter, E____ F. G____, dated 8 June 2010 (to applicant) * letter translation, E____ F. G____, dated 8 June 2010 (to applicant) * letter, applicant, dated 29 January 2016 * letter, Honorable John Cornyn, United States Senate, dated 5 February 2016 * letter, Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY, dated 13 June 2018 * letter, Honorable Vincente Gonzalez, House of Representatives, dated 2 July 2018 * letter, Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY, dated 13 June 2013 * letter, Honorable Vicente Gonzalez, U.S. House of Representatives, dated 2 July 2018 * white paper, Outpost Kelly, Battle of Jackson Heights, undated * newspaper clipping, recognition for award of M____ V____, undated * recognition for Congressional Gold Medal of (Applicant), undated * Certificate, Congressional Gold Medal for (Applicant), undated, showing his name as A______ I. M____ 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: a. He served with 3rd Reconnaissance Company, 3rd Infantry Division, in Korea as a medic in 1952. He was deserving of the Silver Star for actions in the Battle of O. P. (Outpost) Kelly Hill and a Bronze Star with "V" Device for actions in the Battle at Jackson Heights. b. His records were destroyed by a hurricane in 1967 and he later requested a copy only to find out they were burned in a fire at the National Personnel Records Center. c. He obtained a copy of his DD Form 214 in order to be admitted to Audie Murphy Hospital in San Antonio and noticed the order of his name was not correct. His first and middle names are spelled correctly but were out of order. His first name should be shown as A____ and middle name shown as I____. d. He sent for and received the medals for which he was entitled and received three additional medals he was not aware of but was hoping he would also receive the Silver Star for which he was recommended. e. He requests his records be corrected and reconstructed because he needs a new discharge record. 3. The applicant's complete military records are not available 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 to conduct a fair and impartial review of this case. 4. On 6 April 1951, he was inducted into the Army of the United States. 5. He provided a partial, undated order awarding him the Medical Badge, showing his name as I____ A. M____, and his service number as USXX-XXX-XXX. 6. His records contain Special Orders Number 72, Headquarters, Fort Sam Houston, TX, dated 27 March 1953, showing he was released from active duty and transferred to control of the Enlisted Reserve Corps, effective 30 March 1953. His name is shown as I____ A. M____. His service number is shown as USXX-XXX-XXX. 7. On 30 March 1953, he was honorably separated and transferred to control of the Enlisted Reserve Corps. His DD Form 214 shows in: a. Item 1 (Last Name, First Name, Middle Name) – M____, I____, A____. b. Item 2 (Service Number) – USXX-XXX-XXX. c. Item 26 (Foreign and/or Sea Service) – 1 year, 4 days. d. Item 27 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized): * Medical Badge * Korean Service Medal with two bronze service stars * United Nations Service Medal * Purple Heart Medal * Bronze Star Medal e. Item 38 (Remarks) – item 8 (Reason and Authority for Separation): Korean Returnee. 8. He provided a letter dated 20 March 2009, he sent to L____ V____ requesting information about his platoon leader who was assigned with him to 3rd Reconnaissance Company, 3rd Infantry Division, Korea. 9. He provided a letter from E____ F. G____ written in Spanish, dated 8 June 2010. In effect, it translates: a. My regards and hope that you are better for your ailments. At our age there is always pain here and there, but it is part of the process of aging. We have to adapt to these [sorrows]. b. You risked your life and risking your life, spilling your blood is a sacrifice that not all have the (courage) to do. And we did everything to stop communism that will not spread in this part of the world and we made it. Russia and China are changing to capitalism to democracy. c. Tony would like to congratulate Graybeards for publishing the article you have written. I sent you some pictures of the articles from 52 years ago. I can understand them because the letters are not clear. d. E____ G____ was one of the Soldiers that was wounded and left on the battlefield on 18 September 1952. We became friends and wrote to each other but he died a couple of years ago on Thanksgiving. 10. He provided a letter sent to the Military Order of the Purple Heart, dated 29 January 2016, encouraging him to seek recognition for his medals earned in the Korea War. 11. He provided a letter from Awards and Decorations Branch, U.S. Army Human Resources Command, dated 13 June 2018, a response to the Honorable Vicente Gonzalez' application on his behalf for the Silver Star. It stated: a. We remain unable to forward this recommendation to the Army Decorations Board. We acknowledge receipt of the DA Form 638 (Recommendation for Award), dated 6 June 2018, which bears your signature in Part II (Recommender Date). However, as stated in our previous correspondence dated 24 October 2017, the recommendation must be signed only by a living recommender from the time of this award. b. This criteria is outlined in Army Regulation 600-8-22 (Military Awards), Paragraph 3-4 (Who May Recommend). We must comply with Army Regulation in order to maintain the integrity of the Army's awards program and properly assess the merits of this case. 12. He provided a description of the battle Jackson Heights, at Outpost Kelly, depicting the details of the battle and rescue of dead and dying Soldiers from the field of battle. 13. He provided a certificate showing the Congressional Gold Medal was awarded to him for his contributions during the Korea War on 30 May 2016, Memorial Day. His name is shown as A____ I. M____. 14. His available records contain no orders for the Silver Star or the Bronze Star Medal with "V" Device. 15. He provides several documents, including a Congressional Gold Medal Certificate, showing his name as A______ I. M____. 16. Army Regulation 600-8-22 (Military Awards) states 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. 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. 17. Special Regulation 615-360-1 (Enlisted Personnel – Discharge Procedures and Preparation of Separation Forms) stated to enter a. in item 1 (Last Name, First Name, Middle Name) the last name and first name and between the first name and middle name, separated by two typewriter spaces. Spell out the full middle name or names if any. In the event the separatee has only a middle initial, the initial will be entered. b. In item 2 (Service Number) it stated to enter the individual's service number. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed the statements regarding additional awards, the documents showing the applicant’s use of a different name and his post- service recognition and acknowledged that his records were lost or burned in a fire at the records center. After having reviewed all the available documents, the Board determined that there was insufficient evidence to grant relief for award of either the Silver Star or the Bronze Star Medal with “V” device. The Board did determine that the applicant’s name should be corrected as he requested. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 deleting the name shown on his DD Form 214 for the period of service ending 30 March 1953 and replacing it with the name shown on his Congressional Gold Medal certificate and as requested by the applicant. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him the Silver Star or the Bronze Star Medal with “V” Device. 2 July 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was authorized awards not shown on his DD Form 214 for the period 30 March 1953. As a result, amend the DD Form 214 by adding the National Defense Service Medal and the Army Good Conduct Medal (First Award) for the period 6 April 1951 through 30 March 1953. 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 600-8-22 (Military Awards) prescribes Department of the 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. c. 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. 3. Special Regulation 615-360-1 (Enlisted Personnel – Discharge Procedures and Preparation of Separation Forms) in effect at the time, provided an outline of procedures to be followed in effecting discharge of enlisted personnel for any cause (except disability) in any type of organization or separation activity, and describe the proper method of executing and disposing of the various forms, records, and reports required. a. In item 1 (Last Name, First Name, Middle Name) it stated to enter two typewriter spaces between the last name and first name and between the first name and middle name. Spell out the full middle name or names if any. In the event the separatee has only a middle initial, the initial will be entered. b. In item 2 (Service Number) it stated to enter the individual's service number. ABCMR Record of Proceedings (cont) AR20180009933 4 1