RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         1 November 2005
      DOCKET NUMBER:  AR20050004613


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughessy        |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, in effect, that the Bronze Star Medal (BSM)
with Valor ("V") Device he earned be added to his record and separation
document
(DD Form 214).

2.  The applicant states, in effect, he was awarded the BSM, but this award
did not come through until after he was discharged from the Army.  He now
would like it to be added to his DD Form 214.

3.  The applicant provides his DD Form 214, BSM Certificate and a
Danbury News-Times Newspaper Article in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 17 February 1953.  The application submitted in this case
is dated 14 March 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 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 (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.  This case is
being considered using reconstructed records, which primarily consist of
the applicant’s DD Form 214 and the supporting documents provided by the
applicant.

4.  The applicant’s DD Form 214 shows he was inducted into the Army of the
United States and entered active duty on 18 March 1952.  It further
confirms that he continuously served on active duty until being honorably
separated on
17 December 1953.

5.  The applicant’s DD Form 214 also shows he earned the following awards
during his active duty tenure:  Korean Service Medal (KSM) with 3 bronze
service stars; Distinguished Unit Citation (DUC); National Defense Service
Medal (NDSM); Republic of Korea Presidential Unit Citation (ROKPUC); United
Nations Service Medal (UNSM); and Meritorious Unit Commendation (MUC).

6.  The applicant provides a copy of a certificate dated 9 March 1954.
This document shows he was awarded the Bronze Star Medal (BSM) with “V”
Device, for heroism in ground combat while serving in the vicinity of
Kumsong, Korea on 14 June 1953.

7.  The applicant also provides a copy of a newspaper article, dated 10
March 1954.  This clipping contains information that corroborates the fact
that the applicant was awarded the BSM with “V” Device.  It states, in
effect, that he earned the award while serving with the 176th Field
Artillery, for his heroic achievement while engaged in action against the
enemy in the vicinity of Kumsong, Korea on 14 June 1953, by continually
exposing himself to incoming shells and directing and encouraging his men
in performing their mission.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 3-13 of the
awards regulation outlines the criteria for award of the BSM.  It states,
in pertinent part, that it is awarded to any person who, while serving in
any capacity in or with the Army of the United States after 6 December
1941, distinguished himself by heroic or meritorious achievement or
service, not involving participation in aerial flight, in connection with
military operations against an armed enemy; or while engaged in military
operations involving conflict with an opposing armed force in which the
United States is not a belligerent party.  Paragraph 3-13d (2) of the
awards regulation states, in effect, that the BSM is authorized to members
of the Armed Forces of the United States who, after 6 December 1941, were
cited in orders or awarded a certificate for exemplary conduct in ground
combat against an armed enemy between 7 December 1941 and 2 September 1945.
 This paragraph also stipulates that for this purpose, an award of the CIB
is considered as a citation in orders.

9.  Paragraph 5-8 of the awards regulation contains guidance on the Korean
Service Medal.  It states, in pertinent part, that a bronze service star is
authorized with this award for each Korean campaign a member was credited
with participation in.

10.  Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit
Register) provides guidance on determining or establishing the eligibility
of individual members for campaign participation credit, assault landing
credit, and unit citation badges awarded during World War II and the Korean
Conflict.  It confirms that the applicant was credited with participating
in the following four campaigns during his tenure of assignment in Korea:
Second Korean Winter; Korean Summer-Fall 1952; Third Korean Winter; and
Korea Summer 1953.

11.  On 20 August 1999, the Department of Defense approved acceptance and
wear of the Korean War Service Medal (KWSM) to eligible veterans of the
Korean War, or their surviving next of kin.  Responsibility for
distribution of the KWSM was given to the Department of the Air Force.  In
order to apply, the applicant should submit a copy of his 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.  Once the KWSM has been authorized by the Department of the Air
Force, the applicant may apply to this Board to add this foreign award to
his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the BSM was
carefully considered and found to have merit.  The BSM certificate provided
by the applicant confirms he was awarded the BSM for heroism in ground
combat while serving in the vicinity of Kumsong, Korea on 14 June 1953.
This fact is corroborated by the newspaper extract provided by the
applicant, which outlines the circumstances under which he earned the
award.  Therefore, it would be appropriate to add the BSM with “V” Device
to his record and separation document at this time.

2.  The evidence of record also shows that based on his campaign
participation in Korea, the applicant is entitled to 4 bronze service stars
with the Korean Service Medal.  Thus, it would also be appropriate to
correct his record to reflect this entitlement.
BOARD VOTE:

___JEA__  __TEO__  __CAK__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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 to show he was awarded the Bronze Star
Medal with “V” Device and 4 bronze service stars with his Korean Service
Medal; and by providing him a corrected separation document that includes
these awards.




                            ____James E. Anderholm______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004613                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/11/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1953/12/17                              |
|DISCHARGE AUTHORITY     |AR . . . . .  615-365                   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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