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Decision Text

ARMY | BCMR | CY2001 | 2001060383C070421
Original file (2001060383C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 October 2001
         DOCKET NUMBER: AR2001060383


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

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Mr. Mark D. Manning Member
Mr. Jose A. Martinez Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his Report of Separation, DD Form 214, be amended to add the Army Good Conduct Medal, the National Defense Service Medal, and, apparently, the Bronze Star Medal.

3. The applicant states that he received two of his medals (apparently the Korean Service Medal and the United Nations Service Medal) 14½ years after his separation and received the rest in 2000. He needs those latter awards added to his DD Form 214. He provides as supporting evidence a letter of appreciation from the President of the Republic of Korea dated 25 June 2000 offering gratitude for his service during the Korean War and a newspaper article giving a history behind the award of the Bronze Star Medal up through the war in Kosovo.

4. The applicant’s military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

5. The applicant entered the Army on 15 September 1950. He served 13 months in Korea in the 116th Engineer Battalion as a construction engineer. He separated on 21 June 1952 in the rank of sergeant. His DD Form 214 listed his awards as the Korean Service Medal and the United Nations Service Medal.

6. On 22 November 2000, an Authorization for Issuance of Awards, DA Form 1577, authorized issuance of the Army Good Conduct Medal and the National Defense Service Medal to the applicant.

7. The Bronze Star Medal was established by Executive Order 9419, 4 February 1944. Army Regulation 600-8-22 provides for the award of the BSM to any person who distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

CONCLUSIONS:

1. The applicant’s DD Form 214 should be amended to add the Army Good Conduct Medal and the National Defense Service Medal.

2. The Board understands the feelings the applicant may have regarding his qualifications for award of the Bronze Star Medal versus the qualifications of those who received the medal during the Kosovo action. However, the Board is cognizant, as noted in the provided newspaper article, that standards for awarding personal decorations change as time passes. They even differ amongst different commands during the same time period. During the Korean War, one command may have been very liberal in recommending and approving personal decorations while another may have been very sparing in handing out such awards. The key issue that has not changed is the fact that an individual must be recommended for the award. Since it appears the applicant was not recommended for award of the Bronze Star Medal, the Board finds no inequity in not awarding him the medal because it presumes his command applied the same award standards to all members of its command.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant’s DD Form 214 be amended to add the Army Good Conduct Medal and the National Defense Service Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__jhl___ __mdm___ __jam___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Joann H. Langston
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001060383
SUFFIX
RECON
DATE BOARDED 20011011
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 110.04
2. 107.0014
3.
4.
5.
6.


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