BOARD DATE: 17 December 2009 DOCKET NUMBER: AR20090013076 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal. 2. The applicant states that he is eligible for award of the Bronze Star Medal based on his heroic service during World War II (WWII) and award of the Combat Infantryman Badge. 3. The applicant provides a copy of his DD Form 214, for the period ending 5 April 1952; and a copy of a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 1 July 2009, in support of his request. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the NPRC 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 for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he enlisted in the Regular Army (RA) for a period of 3 years and entered active service in Fresno, CA, on 6 April 1948. This form also shows that at the time of his separation, he held military occupational specialty (MOS) 4345 (Light Truck Driver) and that his most significant assignment was with Headquarters Company, 1st Armored Division, Fort Hood, TX. 4. The applicant's DD Form 214 also shows he completed 3 years, 11 months, and 27 days of creditable military service during this period, of which 2 years, 11 months, and 5 days was foreign service. He was honorably discharged on 5 April 1952. 5. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Purple Heart (1st Oak Leaf Cluster), Combat Infantryman Badge, Army of Occupation Medal with Japan Clasp, and the Korean Service Medal with three bronze service stars. 6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 (emphasis added) or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. DISCUSSION AND CONCLUSIONS: 1. The applicant's honorable service in Korea and his two awards of the Purple Heart, as well as the Combat Infantryman Badge are noted. However, the Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents, such as the Combat Infantryman Badge, executed prior to 1 July 1947. The applicant did not enlist until 6 April 1948. 2. Regrettably, the applicant's service and his award of the Combat Infantryman Badge occurred outside this period of eligibility. Therefore, he does not meet the criteria for award of the Bronze Star Medal based on award of the Combat Infantryman Badge. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x___ ___x_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. __________x_____________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20090013076 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090013076 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1