IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090009747 


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 that his records be corrected to show award of two Bronze Star Medals.

2.  The applicant states his company commander told him he was putting him in for the Bronze Star Medal for evacuating two wounded Soldiers from a listening post during an early morning attack.  He believes his original DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was awarded two Bronze Star Medals and that he knows the difference between a Bronze Star Medal and a bronze battle star.

3.  The applicant provides a copy of his DD Form 214.

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 lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  The applicant's DD Form 214 provided the following:

	a.  induction on 28 September 1950;

	b.  award of the military occupational specialty 3060, cook;

	c.  promotion to sergeant on 5 January 1952;

	d.  release from active duty on 28 June 1952 with transfer to the Army Enlisted Reserve for six years; 

	e.  one year and nine months of creditable service with 1 day of lost time; and

	f.  his authorized awards are the "CIB KOREAN SVC MEDAL, 2 BRONZE STARS KSM."

4.  On 17 March 1995, the Army Reserve Personnel Center issued a DD Form 215 (Correction to the DD Form 214, Certificate of Release or Discharge from Active Duty).  It deleted the entry "KOREAN SVC MEDAL, 2 BRONZE STARS KSM" entry and replaced it with the "KOREAN SERVICE MEDAL W/THREE BRONZE SERVICE STARS."  Additionally, it shows the applicant is authorized the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation Badge.

5.  In December 2005, the applicant requested that his records be corrected to show that he was entitled to two Bronze Star Medals.  He stated, in effect, that the 1995 DD Form 215 removed these awards from his DD Form 214 and he wished to have them restored to his DD Form 214 and the medals issued to him.

6.  On 4 July 2006, the applicant was notified that he had not exhausted all administrative remedies in regards to award of the Bronze Star Medals.  He was provided with the necessary information and forms to apply to the Army Awards Branch under of the provisions of Section 1130, Title 10, U.S. Code.  The applicant was also advised that the entry on his DD Form 214 was for the award of two bronze service stars, not two Bronze Star Medals.

7.  There is no indication that the applicant requested consideration under the 1130 provisions. 
8.  There are no orders or other evidence showing that the applicant was considered for or awarded a Bronze Star Medal. 

9.  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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his company commander told him he was putting him in for the Bronze Star Medal for evacuating two wounded Soldiers from a listening post during an early morning attack.  He believes his original DD Form 214 shows he was awarded two Bronze Star Medals and that he knows the difference between a Bronze Star Medal and a bronze battle star.

2.  As the applicant has previously been advised, the original entry on the DD Form 214 refers to the service stars that are worn on a service medal not to the award of two Bronze Star Medals.

3.  The record does not contain and the applicant has not provided any documentation to confirm award of these personal decorations.

4.  Further, in the absence of authority for this award, he was notified that he may request award of the Bronze Star Medal under the provisions of Section 1130, Title 10, U.S. Code.  It appears the applicant did not avail himself of this opportunity.

5.  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)                                         AR20090009747





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ABCMR Record of Proceedings (cont)                                         AR20090009747



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