RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                                        20 OCTOBER 2005
      DOCKET NUMBER:                    AR20050000678


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Jeanette McCants              |     |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 he be awarded the Bronze Star Medal (BSM)
and any other awards that he is entitled to receive.

2.  The applicant states, in effect, that he was awarded a BSM when he
received his first combat infantryman badge (CIB) during World War II
(WWII) and should have received another award of the BSM when he received
his second award of the CIB in Korea.  Additionally, he desires to receive
all awards to which he is entitled.

3.  The applicant provides a copy of a DD Form 215 pertaining to his
discharge on 19 October 1962.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 April 1965.  The application submitted in this case is dated
4 January 2005.

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.  He was inducted in Oklahoma on 18 February 1944.  He completed his
training as a light machine gunner and was transferred to the European-
African-Middle Eastern Theater (EAMET) of operations on 22 October 1944.

4.  He was awarded the CIB and the Purple Heart effective 3 January 1945
and departed for the Asian Pacific Theater (APT) of operation on 23 June
1945 and remained there until 24 January 1946, when he returned to the
United States and was assigned to Fort Leavenworth, Kansas, where he
remained until he was honorably released from active duty (REFRAD) on 10
March 1946 and was transferred to the Enlisted Reserve Corps (ERC), now
known as the United States Army Reserve (USAR).  He was honorably
discharged from the ERC on 13 January 1947 to enlist in the Regular Army.

5.  He enlisted in the Regular Army on 14 January 1947 and remained on
active duty through a series of continuous reenlistments.  On 7 January
1948, a War Department Letter Order was published which awarded the
applicant the BSM for his service during WWII based on his award of the
CIB.  That award is reflected on his DD Form 214 dated 13 January 1951.

6.  On 29 July 1951, he was transferred to Korea and was assigned to the
9th Infantry Regiment.  He was awarded his second award of the CIB on
1 September 1951, while serving in the rank of sergeant.

7.  He was promoted to the rank of master sergeant E-7 on 20 December 1951
and was reduced to the rank of staff sergeant E-6 on 27 October 1958.

8.  He continued to serve on active duty until he was honorably REFRAD in
the pay grade of E-6 on 30 April 1965 and was transferred to the Retired
List effective 1 May 1965.  He had served 21 years and 3 months of total
service.
He was advanced on the Retired List to the pay grade of E-7 on 2 March
1975.

9.  Army Regulation 600-8-22 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 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 (CIB) or the Combat Medical Badge is
considered to be a citation in orders.  This means, in effect, that the
Bronze Star Medal is to be awarded to individuals who were authorized
either badge for service during World War II.  This is the only period in
which an automatic entitlement to the BSM was authorized.

10.   A review of the available records indicates that the applicant
received awards credit on his reports of separation (DD Form 214 and WD AGO
Form   53-55) for each period of service up until his retirement.

11.  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 service award to eligible US veterans
of the Korean War, or their surviving next of kin. The medal is provided at
no cost to veterans.

12.  The Department of Defense 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 submit a
copy of their discharge paper (DD 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 DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded a second
award of the BSM based on his award of the CIB during the Korean War has
been noted and found to be without merit.

2.  The applicant’s first award of the BSM based on his award of the CIB
during WWII was made based on the applicable regulations and guidelines in
effect at the time.  However, it was only authorized for the period of
December 1941 through September 1945, and it was the only period in which
an automatic entitlement to the award of the BSM was authorized.  The
applicant was awarded his second award of the CIB in 1951 and the BSM was
not authorized unless an individual was recommended and approved for such
an award.  Accordingly, there appears to be no basis to grant his request.

3.  A review of the available records fails to show that the applicant was
entitled to receive any additional awards that are not already documented
on his reports of separation.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 April 1965; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 29 April 1968.  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 timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JM __  ___JG___  ___JM __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would 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.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____John Meixell___________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000678                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051020                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19650430                                |
|DISCHARGE AUTHORITY     |T10 USC 3914                            |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |60/BSM                                  |
|1.107.0014              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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