RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 March 2008
DOCKET NUMBER: AR20070018413
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. James B. Gunlicks
Chairperson
Mr. Donald W. Steenfott
Member
Mr. Roland S. Venable
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 correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show his already-awarded Bronze Star Medal.
2. The applicant states that he was presented the Bronze Star Medal by the Commander, Valley Forge General Hospital, at the time of his discharge in 1953.
3. The applicant provides no supporting documentation.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests, in effect, that the Board grant the applicant's request.
2. Counsel states, in effect, that the Board's earlier letter to the applicant recommending that he submit his request under the provisions of Section 1130, Title 10, United States Code, does not apply in this case because the applicant was already awarded the Bronze Star Medal and only wants a record of the award entered on his DD Form 214.
3. Counsel provides no additional documentation in support of the application.
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 applicants 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 applicants 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 are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. On 7 September 1948, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded an infantry military occupational specialty with parachutist qualification.
4. The applicant was assigned for duty in the Korean Theater of Operations. He was subsequently captured by the enemy and held as a prisoner of war until his release on 21 August 1953.
5. On 17 October 1953, the applicant was discharged with an honorable characterization of service. He had attained the rank of sergeant and had completed 5 years, 1 month, and 11 days of creditable active service.
6. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by DD Form 215, lists his awards as the National Defense Service Medal, Purple Heart with one Oak Leaf Cluster, Prisoner of War Medal, United Nations Service Medal, Presidential Unit Citation with one Oak Leaf Cluster, Combat Infantryman Badge, Parachutist Badge, Good Conduct Medal, Korean Service Medal with two bronze service stars, and the Republic of Korea War Service Medal. It does not show the Bronze Star Medal.
7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
DISCUSSION AND CONCLUSIONS:
There is no available evidence of record and the applicant has not provided any evidence, showing that he was awarded the Bronze Star Medal for either meritorious achievement or service during his military service. Therefore, the applicant's request for correction of his record to show that he was awarded the Bronze Star Medal should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_ JBG __ __RSV __ __DWS __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__ James B. Gunlicks __
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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