ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 December 2019

	DOCKET NUMBER:  AR20180012623


APPLICANT REQUESTS:  on behalf of his deceased grandfather, a former service 
member (FSM), upgrade of his award of the Distinguished Service Cross to the Medal 
of Honor.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 7 October 
2018
*	email from G____-L____, dated 24 July 2016
*	Self-Authored letter, dated 10 September 2018
*	FSM's record extracts

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 (ABCMR) 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 his deceased grandfather:

	a.  served in the Philippines during the Morn Rebellion in Mindanao, Philippine 
Islands, and he almost died when he was hit by a "Moro (Kris)" (Maguindanao Kris 
Sword) on his head and he almost lost an ear;  

	b.  served in the Spanish-American War of 1898 from 12 January 1911 through 
8 January 1912 during the Philippine-American War, also known as the Philippine 
Insurrection, Moro Rebellion in Mindanao, Philippines;

	c.  was a recipient of the Distinguished Service Cross and Purple Heart from the 
American Government; and 

	d.  died in the Philippines in 1964 of old age.

3.  The FSM'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 FSM'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.  These records consist of files provided 
from a partial reconstructed record by the National Archives and Records Administration 
and National Personnel Records Center.

4.  The available records contain:

	a.  War Department Adjutant General Office computer cards that show the FSM 
enlisted in the Army of the United States on 18 September 1943 and

	b.  a War Department Form 372A (Final Payment – Work Sheet), dated 6 December 
1945, that shows the FSM's final pay.  This form also shows the FSM arrived in the 
United States on 2 September 1945, his previous organization of assignment was with 
the 1916th Statistical Control Unit, and he was honorably discharged under the 
provisions of Army Regulation 615 -365 (Enlisted Men – Discharge – Convenience of 
the Government).

5.  On 22 March 2000, official from the National Personnel Records Center issued a 
National Archives Form 13038 (Certification of Military Service) that shows the FSM 
served in the Army of the United States during the period 18 September 1943 to 
6 December 1945.  This form does not list any awards or decorations which the FSM 
was authorized.

6.  The applicant provided an email from G____-L____, dated 24 July 2016, which 
forwarded information from the National Archives Reference Section on obtaining 
records pertaining to the FSM. 

7.  The available evidence is void of orders awarding the FSM the Distinguished Service 
Cross or the Medal of Honor.


BOARD DISCUSSION:

The applicant requested his grandfather's award of the Distinguished Service Cross be 
upgraded to the Medal of Honor.  Unfortunately, the available records do not contain 
any information pertaining to award of the Distinguished Service Cross to the FSM.  In 
the absence of this information, the Board determined there is insufficient evidence to 
support a recommendation for relief in this case.  




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	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.

	  
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 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 Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  

	a.  The Medal of Honor is awarded by the President of the United States 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 or her life above and 
beyond the call of duty while engaged in an action against an enemy of the United 
States; while engaged in military operations involving conflict with an opposing foreign 
force; or while serving with friendly foreign forces engaged in an armed conflict against 
an opposing armed force in which the United States is not a belligerent party.  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 will be exacted 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 person who, while serving in 
any capacity with the Army, distinguished 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; while engaged in military operations involving conflict with 
an opposing or foreign force; or while serving with friendly foreign forces engaged in an 
armed conflict against an opposing armed force in which the United States is not a 
belligerent party.  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 their comrades.  
The Distinguished Service Cross is a valor award and will not be awarded for 
achievement or service.

	c.  As with all personal decorations, formal recommendations, approval through the 
chain of command, and announcement in orders are required.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180012623

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