DOCKET NUMBER:  AR20090001817 


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 Bronze Star Medal.

2.  The applicant states, in effect, that he is entitled to the requested medal based upon his service with the 25th Military Police Company while serving in Korea.  The applicant also states that on approximately 20 occasions he replaced blown out telephone lines while under enemy fire because no one else was willing to accomplish the mission.  He further states that his company commander informed him that he would be awarded the Bronze Star Medal, but he returned to the United States a week later prior to receiving the award.  The applicant concludes that he performed his duty and as he reached the age of 79, he thought it would be nice to be awarded the Bronze Star Medal as a memory for his grandchildren.

3.  The applicant provides a notarized copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) as documentary evidence 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 applicant's record shows he was inducted into the Army of the United States and entered active duty on 27 February 1951.  His military occupational specialty was 1677 (Military Policeman).  The highest rank the applicant attained while serving on active duty was the rank of private first class/pay grade E-3 and that was the rank he held on the date of his separation.  The applicant was separated and transferred to the United States Army Reserve with an honorable characterization of service on 7 January 1953, after completing a total of 1 year, 10 months, and 11 days of active military service.

3.  The record shows the applicant was stationed in Korea during the period of 11 December 1951 through 8 December 1952.  While stationed in Korea, he was assigned to the 25th Military Police Company.

4.  Section 9 (Medals, Decorations, and Citations) of the applicant's DD Form 230 (Service Record) shows receipt of the United Nations Service Medal, the Korean Service Medal with one bronze service star, and one overseas service bar.  This document does not show award of the Bronze Star Medal.

5.  Item 28 (Remarks) of the applicant's DA Form 20 (Soldier's Qualification Card) shows receipt of the United Nations Service Medal, the Korean Service Medal with one bronze service star, and one overseas service bar.  This document does not show award of the Bronze Star Medal.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows receipt of the United Nations Service Medal, the Korean Service Medal with one bronze service star, and one overseas service bar.  This document does not show award of the Bronze Star Medal.

7.  A thorough review of the applicant's available records revealed no evidence that he either received or was recommended for receipt of the Bronze Star Medal.

8.  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.  Award of the Bronze Star Medal for acts of merit or meritorious service for a lesser degree than that required for the Legion of Merit must have been meritorious and accomplished with distinction.  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.

9.  Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a 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 is entitled to award of the Bronze Star Medal and that his military record should be corrected to show this award was carefully considered and found to be without merit.

2.  A thorough review of the applicant's available records revealed no evidence that he either received or was recommended for receipt of the Bronze Star Medal.

3.  Although the applicant states that his company commander informed him that he would be awarded the Bronze Star Medal for his service in Korea, there is no corroborating evidence in the available records and the applicant has failed to provide sufficient evidence to validate his claim.  Therefore, he is not eligible for award of the Bronze Star Medal.

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  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.

5.  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 Member of Congress under the provisions of 10 USC 1130.

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)                                         AR20090001817



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ABCMR Record of Proceedings (cont)                                         AR20090001817



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