MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 AUGUST 2003                  
	DOCKET NUMBER:   AR2002082362

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Linda M. Barker		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected to show he was awarded an oak leaf cluster to his Bronze Star Medal with V device.  The applicant states that he served in the Korean War, was wounded in March 1951, and awarded the Purple Heart, and the Bronze Star Medal with V device, however, he was also in a second battle during September 1951 and was awarded an oak leaf cluster to the Bronze Star Medal with V device.  In support of this request he submits a copy of a 14 September 1951 Division Newsletter attesting to his award of the Bronze Star Medal with V device.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Regular Army on 16 November 1945, for a period of 3 years, and continued on active duty until his retirement on 13 January 1966.

He served in Korea from 16 November 1950 through 31 October 1951.

The applicant’s WD AGO Form 24A (Service Record), for the period in question, indicates he was awarded the Bronze Star Medal with V device, which was presented to him on 10 September 1951, with an effective date of 17 June 1951.

His 10 June 1952, DD Form 214 (Report of Separation from the Armed Forces of the United States) indicates he was awarded the Occupational Medal (Japan), the Bronze Star Medal with V device, the Korean Service Medal with 3 bronze service stars, the Combat Infantryman Badge, the Purple Heart, the Good Conduct Medal and the United Nations Ribbon.

Army Regulation 672-5-1, in effect at the time, provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  The "V" device denotes participation in acts of heroism involving conflict with an armed enemy and when awarded with the Bronze Star Medal denoted the award was made for heroism as opposed to service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

There is no evidence in the applicant’s available records to substantiate his claim that he was awarded a second Bronze Star Medal, and entitled to an oak leaf cluster.  The applicant's belief that he should have received the Bronze Star Medal is not a basis for awarding the decoration and is tantamount to recommending himself for an award.

Army Regulation 600-8-22, provides in pertinent part, that the National Defense Service Medal is awarded for honorable service between June 1950 and July 1954 and between January 1961 and August 1974. 

As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services.  To apply, veterans must provide a copy of their discharge paper to the Awards and Decorations Section, Headquarter, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 16 January 1966, the date of his separation.  The time for the applicant to file a request for correction of any error or injustice expired on 16 January 1969.

The application is dated 6 November 2002 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.  Prior to reaching this determination the Board looked at the applicant's entire file.  It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations.  Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.

NOTE:  Officials at the ARBA Support Division in St. Louis are requested to administratively correct the applicant’s separation document to reflect award of the National Defense Service Medal.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__RVO__  ___JEA      __LMB __  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2002082362	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030814	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.