IN THE CASE OF:	  

		BOARD DATE:	       16 DECEMBER 2008

		DOCKET NUMBER:  AR20080015525 


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 his record be corrected to show he was awarded the Bronze Star Medal with “V” (for Valor) Device and the Combat Infantryman Badge. 

2.  The applicant states, in effect, that a letter, dated 2 April 1954, from Headquarters, Virginia Military District awarded him the Bronze Star Medal, but the Bronze Star Medal should be upgraded to show award of the Bronze Star with “V” Device.  He also states that he served with the 45th Reconnaissance Company in Korea, but his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not show he was awarded the Combat Infantryman Badge.  He further states that he served as a combat infantryman, and that he received enemy fire from mortar rounds and returned fire. 

3.  The applicant provides his DD Form 214 and a letter, dated 2 April 1954, from Headquarters, Virginia Military District in support of this 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 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  This case is primarily being considered using the evidence provided by the applicant.

3.  The applicant’s DD Form 214 essentially shows that he was inducted into the Army of the United States on 27 March 1952 and that he served in the infantry.  It also shows that his most significant duty assignment was with the 45th Reconnaissance Company in Korea and that he served 9 months and 7 days of foreign and/or sea service.  He was honorably released from active duty on 
9 March 1954.  This document further shows that he was awarded the Good Conduct Medal, the National Defense Service Medal, the Korean Service Medal with One Bronze Service Star, and the United Nations Service Medal.

4.  The applicant provided a letter, dated 2 April 1954, from Headquarters, Virginia Military District which appears to show that the applicant was awarded the Bronze Star Medal for meritorious service in Korea from 22 June 1953 to 
18 January 1954.  However, this letter does not cite specific orders which awarded him the Bronze Star Medal, and the applicant did not provide orders which awarded him the Bronze Star Medal.  There are also no orders in the available records which awarded him the Bronze Star Medal.  

5.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself or herself after 6 December 1941 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.  As with all personal decorations, formal recommendations, approval through the chain of command and announcement in orders is required. This regulation also provides, in pertinent part, that the “V” Device is worn to denote participation in acts of heroism involving conflict with an armed enemy.





6.  Army Regulation 600-8-22 also provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

8.  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 contends that he should be awarded the Bronze Star Medal with “V” Device and the Combat Infantryman Badge.

2.  The fact that the applicant is in possession of a letter stating that he was awarded the Bronze Star Medal was considered; however, letters or certificates do not automatically entitle one to an award.  All awards of the Bronze Star Medal must be announced in official orders to validate these awards.  The applicant did not provide any such evidence and there is none in his military records to support award of the Bronze Star Medal or the Bronze Star Medal with “V” Device.



3.  While the sincerity of the applicant's claim to entitlement to award of the Bronze Star Medal with “V” Device is not questioned, absent orders which officially awarded him either the Bronze Star Medal or the Bronze Star Medal with “V” Device, there is insufficient basis upon which to correct his military records to show the award of either the Bronze Star Medal or the Bronze Star Medal with “V” Device.

4.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal or the Bronze Star Medal with “V” Device, this in no way affects the applicant’s right to pursue his claim for either of these awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

5.  While the available records show that the applicant was an infantryman and served in Korea with the 45th Reconnaissance Company, there is no evidence in the available records, and the applicant did not provide any evidence which conclusively shows that his unit in Korea engaged in active ground combat while he was assigned to it, or that he was personally present and engaged in ground combat.  Regrettably, absent such evidence, there is insufficient basis for awarding him the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  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 concerned.





2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Korean War.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______XXX _   _______   ___
               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)                                         AR20080015525



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ABCMR Record of Proceedings (cont)                                         AR20080015525



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