IN THE CASE OF:	  

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080008541 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Bronze Star Medal (BSM). 

2.  The applicant states, in effect, that he believes it is unjust for him not to receive the BSM based on his combat service in Korea.   

3.  The applicant provides the following documents in support of his application: Separation Document (DD Form 214); National Personnel Records Center (NPRC) Letter, dated 6 June 2007; Purple Heart (PH) Certificate; Authorization for Issuance of Awards (DA Form 1577); and News Articles.  

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 record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents on file 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, other documents remaining in the NPRC file, and the documents provided by the applicant.  

3.  The applicant's separation document shows that he was inducted into the Army and entered active duty on 2 October 1951.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that during his active duty tenure, he earned the Korean Service Medal (KSM) with 3 bronze service stars, United Nations Service Medal (UNSM) and Combat Infantryman Badge (CIB).  The BSM is not included in the list of awards contained in Item 27 and the applicant authenticated the DD Form 214 with his signature in Item 48 (Signature of Person Being Separated) on the date of his separation.  

4.  A DA Form 1577 issued by the Army Reserve Personnel (ARPERCEN), 
St. Louis, Missouri, on 28 January 1992, authorized the issue of the Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), KSM with
4 bronze service stars, CIB, and UNSM to the applicant.  It also indicated that the applicant was authorized the Republic of Korea Presidential Unit Citation (ROKPUC).  A DA Form 1577 issued by the NPRC on 18 March 2000, authorized the issue of the Purple Heart (PH) to the applicant and informed him that the BSM was awarded based on receipt of the CIB for World War II service only.  

5.  The NPRC file pertaining to the applicant is void of any orders or other documents that indicate he was ever recommended for or awarded the BSM by proper authority while serving on active duty.  

6.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 3-1 states, in pertinent part, that the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  Paragraph 3-13 contains guidance on award of the BSM.  It states, in pertinent part, that it is awarded for heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy.

7.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the BSM based on his combat service in Korea has been carefully considered.  However, by regulation, the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  

2.  The NPRC file in this case is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the BSM by proper authority while serving on active duty, and the applicant has failed to provide independent evidence supporting award of the BSM.  Therefore, absent any evidence confirming his entitlement to this award, there is an insufficient evidentiary basis to support granting the requested relief.  

3.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his/her Member of Congress under the provisions of 10 USC 1130.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  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.




      _______ _ x  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080008541



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ABCMR Record of Proceedings (cont)                                         AR20080008541



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