RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 09 DECEMBER 2003
         DOCKET NUMBER: AR2003088759


         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
Ms. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Mark D. Manning		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Eloise C. Manning		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that he be awarded three Silver Stars and three Bronze Star Medals.

2. The applicant states, in effect, that he has been attempting for several years to have his Silver Stars and Bronze Star Medals issued to him, without success. He contends that stamped and typed entries at the top left corner of his 1951 separation document confirms his entitlement to the three Silver Stars and that his entitlement to three Bronze Star Medals is confirmed in item 27 of the document.

3. The applicant states, in an undated letter to the Secretary of Defense, that individuals involved in his case “have ignored and lied about [his] entitlements….” He states that the six medals were “approved due to combat operation in the Korean conflict.”

4. The applicant provides a copy of his separation document and copies of responses he received as a result of previous requests for issuance of the six awards he maintains he is entitled to.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 18 July 1951. The application submitted in this case is dated 18 September 2002.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s military records are not available to the Board 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 for the Board to conduct a fair and impartial review of this case.

4. According to information on the applicant’s 1951 separation document, he entered active duty on 25 November 1945 and served as a member of the 7^th Cavalry Regiment in Korea between August 1950 and June 1951. On 6 October 1950 he was awarded the Combat Infantryman Badge.

5. The applicant was honorably discharged at Separation Center located at Camp Stoneman, California, on 18 July 1951. Item 27 (decorations) on his Department of Defense Form 214 (Report of Separation from the Armed Forces of the United States), which the applicant authenticated, indicates that he was awarded the Army of Occupation Medal with “Japan” clasp, the Combat Infantryman Badge, and the Korean Service Medal with three bronze service stars.

6. The information in the upper left corner of the applicant’s separation document, which he contends confirms his entitlement to three Silver Stars, appears to be a stamp indicating a filing location. The stamp is “VOL 15 PAGE 134” and is stamped over the typed entry “NA NOT APPLICABLE.”

7. Army Regulation 600-8-22 (Military Awards) states that the Silver Star is awarded to a person, who while serving in any capacity with the United States Army, is cited for gallantry in action against an enemy of the United States while engaged in military operation involving conflict with an opposing foreign force. As with all personal decorations, a recommendation, approval through the chain of command, and announcement in orders is required. Approved awards of the Silver Star are recorded in the awards and decoration block on an individual’s separation document. In this case an award of the Silver Star would have been recorded in item 27 of the applicant’s separation document, had he been awarded such a decoration.

8. Army Regulation 600-8-22 also states that the Bronze Star Medal, not to be confused with bronze service stars, may be awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguishes 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 the Silver Star, the Bronze Star Medal is considered a personal decoration and requires a recommendation, approval through the chain of command, and announcement in orders.

9. Army Regulation 600-8-22 states that recommendations for personal decorations, such as the Bronze Star Medal and Silver Star must be submitted within 2 years of the event or period of service and the award must be made within 3 years.

10. Army Regulation 600-8-22 states that bronze service stars are worn on campaign and service ribbons to denote participation in designated campaign periods. The service star is a bronze or silver five-pointed star 3/16-inch in diameter. A silver service star is worn in lieu of five bronze service stars when an individual has been credited with participating in five designated campaign periods. Service stars are authorized for wear on the campaign and service medals, including the Korean Service Medal.

11. A review of Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit (7^th Cavalry Regiment) was credited with participating in five designated campaigns during the applicant’s period of assignment with the unit in Korea. Those designated campaigns included the UN Defensive-18 July-15 September 1950, the UN Offensive-16 September-2 November 1950, the CCF Intervention-3 November 1950-24 January 1951, the First UN Counteroffensive-25 January-21 April 1951, and the CCF Spring Offensive which commenced on 22 April 1951. The applicant’s separation document indicates that he participated in three designated campaigns (three bronze service stars on his Korean Service Medal) when it should reflect that he participated in five designated campaigns. A silver service star on his Korean Service Medal should denote his participation in five designated campaign periods. One silver service star equals five bronze service stars.

12. Department of the Army Pamphlet 672-1 also notes that the applicant’s unit was awarded two foreign unit awards while he was a member of the organization. His unit was awarded the Republic of Korea Presidential Unit Citation by the Korean government for its service during the period 16 August through 26 September 1950. His unit was also awarded the Bravery Gold Medal of Greece for the regiment’s service with the Greek Expeditionary Force during the Korean War. That unit decoration was awarded by the Greek government. The foreign unit awards were omitted from item 27 of the applicant’s separation document.

13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the National Defense Service Medal (NDSM) for honorable active service for any period between 27 June 1950 and 27 July 1954.

14. Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal (UNSM). In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

15. 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 to eligible United States veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to the veterans. 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 or their surviving next of kin. To apply, veterans must provide a copy of their discharge paper (Department of Defense Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. 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 separation document.

16. Title 10, United States Code, Section 1130 established a provision whereby upon request by a Member of Congress the Secretary of the Army can now review proposals for awards that would not otherwise be authorized due to limitations established by law or policy for timely submission of a recommendation for such an award. In this case, because there is no evidence that a Bronze Star Medal or Silver Star recommendation was ever entered into official channels within the prescribed time limits, this provision of the law may provide the applicant an opportunity to have his congressional representative initiate a new recommendation on his behalf. If the applicant elects to pursue this avenue he should contact his congressional representative, provide him with the details of his heroic actions including any supporting statements and then have his congressional representative initiate an appropriate award recommendation. The Awards Branch of the United States Army Human Resources Command-Alexandria, located on Eisenhower Avenue in Alexandria, Virginia has been the agency designated by the Secretary of the Army to review new award recommendations initiated under this provision in the law.

DISCUSSION AND CONCLUSIONS:

1. There is no evidence, and the applicant has not presented any, that he was ever recommended for, or awarded any Silver Stars or Bronze Star Medals. Both of these decorations are considered personal decorations, which required a recommendation, approval through the chain of command, and announcement in orders.

2. The “three bronze service stars” reflected on the applicant’s separation document denote his campaign participation, and should not be confused with the Bronze Star Medal, which is personal decoration awarded for individual heroism, achievement, or service.

3. The stamp entry, “VOL 15 PAGE 134” over the typed entry “NA NOT APPLICABLE,” on the applicant’s separation document is not evidence that he is entitled to three silver stars. Rather, it appears to indicate a filing location. It is unclear where the document would have been stamped with the filing location, but in all likelihood it was file location information associated with files maintained by the Separation Center at Camp Stoneman, California, where the separation document was prepared.

4. Records show the applicant should have discovered the error or injustice now under consideration on 18 July 1951, the date the applicant authenticated his separation document; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 18 July 1954. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

5. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__MDM _ __RJW __ __ELP __ DENY APPLICATION

1. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.

2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the ARBA Support Division-St. Louis administratively correct the records of the individual concerned




to show entitlement to one silver service star on his Korean Service Medal, vice three bronze service stars, the Republic of Korea Presidential Unit Citation, the Bravery Gold Medal of Greece, the National Defense Service Medal, and the United Nations Service Medal.




                  ____Mark D. Manning______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088759
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20031209
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.