RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 February 2008
	DOCKET NUMBER:  AR20070014926 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce Wright

Analyst

The following members, a quorum, were present:


Mr. Patrick H. McGann, Jr.

Chairperson

Ms. Eloise Prendergast

Member

Mr. Michael J. Flynn

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, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Bronze Star Medal. 

2.  The applicant states, in effect, that after the war, Congress approved the award of the Bronze Star Medal to all holders of the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources.  His DD Form 214 shows that he entered active duty on 4 March 1950.  He was trained in military occupational specialty (MOS) 71677, as a military policeman.  He served overseas for 8 months and 27 days.

3.  The applicant was promoted to pay grade E-3 on 10 February 1953.  He continued to serve until he was released from active duty on 4 March 1953. 

4.  The applicant's DD Form 214 shows he was awarded the Parachutist Badge; the Glider Badge; the Combat Infantryman Badge; the Korean Service Medal, with two bronze service stars; and the United Nations Service Medal.  His DD Form 214 does not show any additional awards.



5.  Item 28 (Most Significant Duty Assignment), of his DD Form 214, shows the entry "11th Airborne Military Police Company."

6.  There are no orders in the available service personnel records which show that he was awarded the Bronze Star Medal.  There also is no evidence in his records that he was recommended for award of the Bronze Star Medal.  

7.  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 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.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

9.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and
27 July 1953.  The service prescribed must have been performed as follows:  

	(1)  while on permanent assignment;

	(2)  while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or 

	(3)  while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows that the applicant was assigned to a unit which was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number 23, dated 1954.
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence available to the Board, and the applicant has provided none, to show that he was recommended for or awarded the Bronze Star Medal. 

2.  The evidence shows the applicant was awarded the Combat Infantryman Badge during the Korean War.  There is no evidence the applicant served during World War II.  

3.  Had the applicant served in World War II and had he earned the Combat Infantryman Badge at that time, he would have qualified for award of the Bronze Star Medal based on the special provisions of the awards regulation which considers award of the Combat Infantryman Badge a citation in orders.  The special provisions for awarding the Bronze Star Medal to Soldiers who were awarded the Combat Infantryman Badge, as in World War II, was not extended to include Soldiers who served in the Korean War.  Therefore, he is not entitled to award of the Bronze Star Medal and to have this award added to his DD Form 214.

4.  The evidence shows that the applicant served during a qualifying period for award of the National Defense Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214.

5.  The evidence shows the applicant served during the qualifying period for award of the Republic of Korea War Service Medal.  He is therefore entitled to this award and to have it added to his DD Form 214. 

6.  The evidence of record shows that the applicant served in a unit which was awarded the Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  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 Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__PM____  ___EP__  __MJF___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to show he was awarded the Bronze Star Medal based on his award of the Combat Infantryman Badge and to have it added to his DD Form 214.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the applicant was awarded the National Defense Service Medal; the Republic of Korea War Service Medal; and the Republic of Korea Presidential Unit Citation.




____Patrick H. McGann, Jr.____
          CHAIRPERSON




INDEX

CASE ID
AR20070014926
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080220
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19530304
DISCHARGE AUTHORITY
AR  615-365
DISCHARGE REASON

BOARD DECISION
DENY//GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.