IN THE CASE OF:	  

		BOARD DATE:	      16 October 2008

		DOCKET NUMBER:  AR20080012035 


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, that he be awarded the Medal of Honor.

2.  The applicant states he should have been awarded the Medal of Honor for his actions in taking "Bloody Ridge" in Korea.  He overcame and took out over 600 enemy forces.  He was in the same battalion as Captain E____ K____ who was killed in action (KIA) and awarded the Medal of Honor.  The captain was shot and killed before the applicant took the ridge.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States); an extract from orders retiring the applicant by reason of a physical disability, 15 June 1950; notification appointing the applicant as a second lieutenant (2LT) in the United States Army Reserve (USAR); and a Department of Veterans Affairs letter, dated 29 March 1976, showing the applicant's disability monetary awards. 

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 partially lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

3.  The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

4.  The applicant served on active duty during World War II from 13 June 1945 through 20 January 1947, attaining the rank of technical sergeant.  Between 21 January 1947 and 20 January 1950, he served in the United States Army Reserve (USAR) and on 15 June 1950, he was appointed a 2LT in the USAR.

5.  The applicant was called to active duty on 21 August 1950 and served in Korea with Company B, 9th Infantry Regiment, Far East Command from 9 December 1950 through 4 March 1951.  

6.  The record contains two copies of the applicant's DA Form 66 (Officer Qualification Record).  The copy provided by the applicant [as supporting evidence in a previous unrelated application] has several obvious alterations and additions not included on the official copy.  The alterations on the applicant's submission cover the period of service and duty assignments for which the applicant is now seeking award of the Medal of Honor.  

7.  The DA Form 66 provided by the applicant appears to have been cut, one line removed and three additonal handwritten entries added in before the form was photocopied and submitted.  These entries [at block 18] read as follows: on 3 September 1951, "Co Comdr (Took Hill 700)"; 7 September 1951, “Co Comdr (Took Bloody Ridge)"; and 8 September 1951, “Co Comdr (Wounded Heart Break Ridge)."  The official copy of the DA Form 66 shows a typed entry for 23 July 1951, reflects only "Plat Ldr."

8.  Both DD Forms 66 show the applicant was a patient from 22 April 1951 through 22 July 1951 and again from 24 September 1951 through 13 November 1951. 

9.  On 29 February 1956, the applicant was honorably released from active duty  and medically retired by reason of a physical disability due to injuries received in action with a 60 percent disability rating. 
10.  A review of the history of the Korean War shows that the operation called "Bloody Ridge" consisted of three hills numbered 773, 940, and 983 and their connecting ridges.  It was fought from 18 August 1951 through 5 September 1951.

11.  Army Regulation 611-103 (Personnel Selection and Classification, Officer Qualification and Classification), effective 6 December 1954, provided guidance for recording entries on the DA Form 66.  For item 18, it stated, in part, that the title of the principal duty performed by the individual and the degree of responsibility being exercised would be recorded (e.g., "Plat Ldr," “CO Comdr," "Bn Ex").  Recording of actual job descriptions or other information in this block was prohibited.  

12.  Army Regulation 600-8-22 (Military Awards) states the following:

	a.  the Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Armed Forces of the United States, distinguishes themselves conspicuously by gallantry and intrepidity at the risk of their life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above their comrades and must have involved risk of life.  Incontestable proof of the performance of the service is required;

	b.  each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored.  Submission into military channels is defined as "signed by the initiating official and endorsed by a higher official in the chain of command"; and

	c.  it is the responsibility of any individual having personal knowledge of an act, achievement, or service believed to warrant the award of a decoration, to submit a formal recommendation into military command channels for consideration.  The Army does not condone self-recognition; therefore, a Soldier may not recommend himself/herself for award of a decoration. 

DISCUSSION AND CONCLUSIONS:

1.  By regulation a Soldier cannot recommend himself for any award.  The applicant has not provided nor does the record contain any documentation to show the applicant has ever been considered for or officially recommended for award of the Medal of Honor.  

2.  Further, the applicant has provided no documentation that shows he performed any deed of personal bravery or self-sacrifice to warrant award of the Medal of Honor. 

3.  Additionally, the discrepancies in the two DD Forms 66 brings into question the applicant's status and location during the period for which he is requesting award of the Medal of Honor.  His presence at "Bloody Ridge" is not a matter of official record.

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.

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)                                         AR20080012035



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ABCMR Record of Proceedings (cont)                                         AR20080012035



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