IN THE CASE OF:	  

		BOARD DATE:	       17 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090007403 


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 correction of his records to show he was awarded five bronze service stars [or a silver service star] to be worn with his Korean Service Medal in lieu of the three bronze service stars he currently has.

2.  The applicant states, in effect, that he served in Korea as an ammunition corporal with the 503rd Field Artillery Battalion, 2nd Infantry Division, and his service in Korea should qualify him for award of five bronze service stars instead of three.  

3.  The applicant provides an unsigned/undated affidavit; a copy of General Orders Number 98, issued by Headquarters, 2nd Infantry Division awarding the Bronze Star Medal to another Soldier; a copy of a printout showing the history of the 503rd Field Artillery Battalion; and a copy of the 503rd Field Artillery Battalion Command Report for the month of December 1950, in support of his request.

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 are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he entered active service in Philadelphia, PA, on 21 January 1948 in the rank/grade of private/E-1.  This form also shows that at the time of his separation, the applicant held military occupational specialty 3844 (Field Artillery Ammunition Corporal) and that his most significant assignment was Headquarters Company, 3rd Armored Cavalry Regiment, Fort Meade, MD. 

4.  The applicant’s DD Form 214 shows that he completed 4 years and 7 days of creditable military service; 11 months and 27 days of which was foreign service.  He was honorably separated in the rank/grade of sergeant/E-5 (Temporary) on 28 January 1952.  

5.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Bronze Star, the Korean Service Medal with three bronze service stars, and the Republic of Korea Presidential Unit Citation.

6.  On 5 December 2007, the applicant was issued a DD Form 215 (Correction to DD Form 214) that further awarded him the National Defense Service Medal, the United Nations Service Medal, and the Bronze Star Medal with "V" Device.  

7.  The applicant submitted an unsigned/undated affidavit in which he chronicles his military service, specifically his assignment to Battery C, 503rd Field Artillery Battalion.  He also describes various engagements with enemy soldiers and the actions taken by his platoon sergeant at the time.  However, he does not list the exact dates of service in Korea. 

8.  The applicant also submitted a copy of the general orders that awarded his platoon sergeant the Bronze Star Medal with "V" Device as well as a copy of the 503rd Field Artillery Battalion Command Report for the month of December 1950.

9.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.  It also states a silver service star denotes five bronze service stars.

10.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists, in pertinent part, campaign credit for various units during World War II and the Korean War.  This pamphlet shows the 503rd Field Artillery Battalion was awarded campaign credit for participating in six campaigns during the Korean War as follows:  the UN Defensive, 27 June 1950 to 15 September 1950; the UN Offensive, 16 September 1950 to 2 November 1950; the CCF Intervention, 3 November 1950 to 21 April 1951; the First UN Counteroffensive, 25 January 1951 to 21 April 1951; the CCF Spring Offensive, 22 April 1951 to 8 July 1951; and the UN Summer-Fall Offensive, 9 July 1951 to 30 April 1951.

11.  Department of the Army Pamphlet 672-1 also shows the 503rd Field Artillery Battalion was awarded the Distinguished Unit Citation (Presidential Unit Citation) from 16 May 1951 to 22 May 1951, based on Department of the Army General Order Number 72, dated 1951.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should have been awarded five bronze service stars [or a silver service star] instead of the three that he currently has to be worn with his Korean Service Medal.  

2.  The applicant’s service in Korea is not in question.  Additionally, his sincerity in participating in various campaigns during his service in Korea is also not in question.  His DD Form 214 shows he completed 11 months and 27 days of foreign service.  However, it is unclear if he completed his entire period of foreign service in Korea.  His entitlement to bronze service stars depends on the dates of his assignment to the unit that was awarded campaign credit.  Regrettably, in the absence of further documentary evidence that shows the exact dates of his service in Korea as well as the exact dates of assignment to the 503rd Field Artillery Battalion there is insufficient evidence to determine his campaign participation or to grant him the requested relief in this case.

3.  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 sufficient evidence that would satisfy this requirement.  Therefore, the available evidence is insufficient to correct his DD Form 214.


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.




      _______ _   __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)                                         AR20090007403



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ABCMR Record of Proceedings (cont)                                         AR20090007403



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