RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         7 July 2005
      DOCKET NUMBER:  AR20040008025


      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           |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Eric Andersen                 |     |Member               |
|     |Ms. Carol Kornoff                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 1954 separation document be corrected
to reflect award of the Bronze Star Medal.

2.  The applicant states he earned the award while in Korea and that it is
very important to him.  He states he would like his children and
grandchildren to see that he “really did this.”

3.  The applicant provides a copy of his Bronze Star Medal certificate in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 January 1954.  The application submitted in this case
is dated
23 September 2004.

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 limitations 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.  The applicant’s separation document indicates that he entered active
duty on 16 January 1951 and served overseas for approximately 11 months
where he was awarded, among other things, the Korean Service Medal and the
Combat Infantryman Badge.  His most “significant duty assignment” is
recorded as with the 2nd Battalion, 180th Infantry overseas.  He was
honorably discharged on
5 January 1954.  He was a sergeant first class at the time.

5.  The copy of the award certificate provided by the applicant indicates
that he was awarded the Bronze Star Medal in recognition of his meritorious
achievement during the period 1 July to 28 November 1953 while in Korea.
The award was approved on 23 February 1954 and the certificate bears the
signature of the Assistant Adjutant General, United States Army Forces, Far
East and the imprinted signature of Robert Stevens, who was Secretary of
The Army at the time.

6.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and
Campaign Participation Credit Register) confirms that the 180th Infantry
participated in several campaigns during the Korean War period and that it
was awarded a Republic of Korea Presidential Unit Citation for the period
10 December 1951 through 31 June 1953.

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders confirming the applicant’s award of the
Bronze Star Medal, his award certificate bears the imprinted signature of
the appropriate Secretary of the Army, and the period of service covered by
the award is consistent with evidence that the 180th Infantry was deployed
to Korea during the Korean War and was credited with participation in
several campaign periods.  The fact that the certificate was issued after
the applicant’s separation from active duty could explain the absence of
the award on his separation document.  In the absence of orders, or
evidence to the contrary, the Board accepts the applicant’s award
certificate as authentication of entitlement to the Bronze Star Medal and
in the interest of justice concludes it would be appropriate to add the
award to his separation document.

2.  The evidence also confirms that the applicant is entitled a Republic of
Korea Presidential Unit Citation based on his service with the 180th
Infantry during a period when the award was made.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MM___  __EA  ___  __CK___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that he was awarded a Bronze
Star Medal and that he is entitled to the Republic of Korea Presidential
Unit Citation.




                            ______Melvin Meyer_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008025                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050707                                |
|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.                      |                                        |


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