IN THE CASE OF:  
 
  BOARD DATE: 22 August 2023 
 
  DOCKET NUMBER: AR20220011669 
 
 
APPLICANT REQUESTS: on behalf of her deceased father, a former service member (FSM), correction of the FSMs records to show award of the Silver Star. 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record), 22 September 2022 

• Applicant's Self-authored Statement, 13 March 2023 

• WD AGO Form 100 (Army Separation Qualification Record) 

• Medal Worksheet, WD AGO Form (Number illegible) 

• Photograph of an officer Awarding a Soldier a medal, C 9 July 1944 

• Certificate, Adjutant General, Eighth Army Command, Fort Sam Houston, 28 June 1945 

• WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge), 24 July 1945 

• Diary Transcription of the FSM, 12 pages 1940-1945 

• Newspaper clippings, Texas Democrat, c1944-1945 

• Certificate of Birth, FSM, State of Texas Bureau of Vital Statistics, 1921 

• Marriage License, 1947 

• Certificate of Birth, State of Missouri (Applicant), 1958 

• Certificate of Death, State of Missouri (FSM), 2006 

• Certificate of Death, State of Missouri (Spouse of FSM), 2021 


 
FACTS: 
 
1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 in effect, on behalf of her deceased father, a FSM who served during WWII: 
 
 a.  He was awarded the Silver Star and stated before his death that he had been issued the Silver Star Ribbon. He wrote to the Army because he was told he was to receive the Silver Star but did not receive a response. 
 
 b.  Newspaper articles published at the time state what decorations he was awarded. A personal letter from an NCO stated he should have been issued the medal. 
 
 c.  The general under which he was serving would have a record of it but that general along with almost every Soldier who served during WWII is now deceased. 
 
 d.  He suffered from his combat wounds throughout his life.  
 
3.  The applicant provided copies of: 
 
 a.  Her father's WD AGO Form 53-55, showing he served during WWII and served in the European Theater of operations and participated in four campaigns. 
 
 b.  Ten pages of additional service records. 
 
 d.  An undated photograph of an officer pinning a medal on a Soldier with the caption, "Major General WMR___ Commanding General, 2nd Division, awards the Bronze Star Medal to [FSM] for gallantry in action." 
 
 c.  A letter from Sgt LIC___, 18 November 1948, a first person witness and Soldier who served with him from their unit's landing on Normandy through their unit movements into the Battle of the Bulge. It reads, in part: 
 
• He was with the FSM's in combat from D Day until the Battle of the Bulge 

• The FSM's decoration for gallantry should attest to an admirable performance even though he was much slighter than any other man in the outfit 

• He was severely stunned by a mortar shell for operations in Normandy on Hill 192 

• Although severely injured and unconscious from a land mine, he returned voluntarily two days later 

• An 88mm round struck directly on his hole, knocking him unconscious 

• He didn't get the Silver Star but an officer who was with him doing the same job did get it 


 
 c.  A 12-page transcription of notes taken from the diary of the FSM, detailing his service from the day he entered active duty on 27 August 1940 at Camp Dodd Field, Texas, until his relief from the front on 7 January 1945. His diary notes the details of the battles and the cities he helped liberate, the observation posts he fought from, and the casualties he witnessed as well as his own wounds. This transcription also contains 
notes of his subsequent return to the Continental United States on 10 March 1945. His diary notes show, in part, he: 
 
• Participated in the D-Day landing on 7 June 1944 

• Was wounded on D-Day in the left-side of his head 

• Sgt LIC___ and he neutralized German convoys between St. Jean and St. Lo 

• Fought in Brest 

• Fought at Hill 192 in Normandy where he was wounded two times 

• He was wounded at Elsenborn (Battle of the Bulge) with four other Soldiers, and he was wounded again later on the river (Meuse River) 

• Participated in may battles with his unit, 37th Field Artillery Battalion 

• Friends he knew from school and Soldiers he served with were lost in battle 


 
 d.  Newspaper clippings from the Texas Democrat, circa 1944-1945, report he was awarded the Bronze Star, the Purple Heart, and the Silver Star. 
 
 e.  The FSM's Birth Certificate, Bureau of Vital Statistics, State of Texas, November 1921. 
 
 f.  The FSM's Marriage Certificate, showing he was married to BMW___ in 1947. 
 
 g.  The Applicant's Birth Certificate, August 1958, showing she is the daughter of the FSM.  
 
 h.  A Certificate of Death, State of Missouri, September 2006, showing the applicant's father and the FSM was deceased. 
 
 i.  A Certificate of Death, State of Missouri, December 2020, showing the applicant's mother was BMB___ and the spouse of the FSM. 
 
4.  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. These records consist of files provided from a partial reconstructed record by the National Archives and Records Administration and/or National Personnel Records Center, and service records provided from the applicant. 
 
5.  The applicant's records contain sufficient evidence to support additional awards not shown on his WD AGO Form 53-55 ending on 24 July 1945 and will be listed in administrative notes. 
 
6.  A review of the FSM's available service records shows: 
 
 a.  On 28 August 1940, the FSM enlisted in the Regular Army. He completed Basic Combat Training and Radio Operator Training at Fort Sam Houston, and he was awarded military occupational specialty 766 (Radio Operator Low Speed). 
 
 b.  He was assigned to Battery C, 37th Field Artillery Battalion, 2d Infantry Division, and he departed to the European-African-Middle Eastern Theater of Operations on 8 October 1943. 
 
 c.  A service medals worksheet shows he was authorized, in part, the Bronze Star Medal, bronze service stars for campaigns he participated in Germany, France, and Normandy, the American Defense Service Medal, which are not annotated on his WD AGO 53-55. 
 
 d.  His War Department Adjutant General Office (WD AGO) Form 53-55 (Honorable Discharge) shows in: 
 
  (1)  Item 32 (Battles and Campaigns): Normandy, Germany, Northern France, and Ardennes 
 
  (2)  Item 33 (Decorations and Citations): 
 
• Army Good Conduct Medal 

• Purple Heart with four Oak Leaf Clusters 

• European-African-Middle Eastern Campaign Medal 

• Presidential Citation with one Oak Leaf Cluster (Item 18) 

• American Defense Service Medal (Item 18) 


 
  (3)  Item 34 (Wounds Received in Action) – 22 July 1944, European Theater. 
 
  (4)  Item 36 (Service Outside the Continental United States and Return), he departed the U.S. on 8 October 1943 and arrived in the European Theater on 19 October 1943; he departed the European Theater on 10 March 1945 and arrived in the U.S. on 20 March 1945. 
 
  (5)  item 37 (Total Length of Service): 
 
• Continental Service – 3 years, 5 months, and 14 days 

• Foreign Service – 1 year, 5 months, and 13 days  


 
  (6)  Item 55 (Remarks) – shows medals carried over from item 33 which are listed above. 
 e.  On 14 July 2006, the FSM and/or his spouse completed a Request for Assistance/Privacy Act Release Form, granting assistance form their U.S. Representative. 
 
 f.  On 5 January 2007 the NPRC responded to the FSM's request for the Silver Star to be added to his military records and provided him a copy of Silver Star Medals awarded to Soldiers during WWII. The FSM's name is not listed among those Soldiers awarded the Silver Star.  
 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered.  
 
 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, award of the Silver Star requires a formal recommendation, approval through the chain of command, and announcement in orders. 
 
 b.  The FSM’s record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded the Silver Star. Furthermore, there is no evidence in the available record and the applicant did not submit any substantiating evidence that shows the specific acts of heroism and courage against the enemy that he performed with marked distinction that led to award of the Silver Star. 
 
 c.  Nevertheless, while the available evidence is insufficient to show the FSM was recommended for or awarded the Silver Star, this in no way affects the applicant’s right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 
  
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: DENY APPLICATION 
 
 
BOARD DETERMINATION/RECOMMENDATION: 
 
1.  Except for the correction addressed in Administrative Note(s) below, the Board found 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. 
 
2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 
 
  8/22/2023

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):  The FSM's records contain sufficient evidence to support additional awards not shown on his WD AGO Form 53-55 and as a result, should be administratively corrected without Board action to show award of: 
 
• Bronze Star Medal with "V" Device 

• Presidential Unit Citation with one Oak Leaf Cluster 

• four bronze service stars to his previously issued European-African-Middle Eastern Campaign Medal  


• World War II Victory Medal 

• American Campaign Medal 

• American Defense Service Medal 


 
REFERENCES: 
 
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 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. 
 
2.  Army Regulation 15-185 (Army Board for Correction of Military Records) 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. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
3.  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. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 
 
 b.  The European-African-Middle Eastern Campaign Medal was established by Executive Order 9265, announced in War Department Bulletin 56, 1942. It is awarded for service within the European-African-Middle Eastern Theater between 7 December 1941 and 8 November 1945. One bronze service star is authorized for each campaign 
 
 c.  The American Campaign Medal was established by Executive Order 9265 (War Department Bulletin 56, 1942). It is awarded for service within the American Theater between 7 December 1941 and 2 March 1946 under any of the following conditions: Within the continental limits of the United States for an aggregate period of 1 year. 
 
 d.  The World War II Victory Medal was established by an Act of Congress 6 July 1945. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. 
 
 e.  The American Defense Service Medal was established by Executive Order 8808, announced in War Department Bulletin 17, 1941. It is awarded for service between 
8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. 
 
 f.  Table B-1 of this regulation shows he participated in three European-African-Meddle Eastern Theater campaigns:   
 
• Normandy, 6 June 1944 to 24 July 1944 

• Northern France, 25 July 1944 to 14 September 1944 

• Rhineland (Germany), 15 September 1944 to 25 January 1945 

• Ardennes-Alsace, 16 December 1944 to 25 January 1945 


 
//NOTHING FOLLOWS//