IN THE CASE OF:
BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090012327
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 the Bronze Star Medal. The applicant also requests that his promotions from 1949 to 1955 be corrected in his records.
2. The applicant states in a statement provided to his representative in Congress that he received the Bronze Star Medal award at Fort Benning, Georgia, in 1952 for actions in Chang-dong, Korea. He "would like the papers showing what [he] did to receive this award." The applicant adds that he has a certificate regarding this award but it is not listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
3. The applicant provides three DD Forms 214 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 applicants 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 Army records were lost or destroyed in that fire. This case is being considered using reconstructed records which primarily consist of the applicant's separation documents.
3. The applicant's available records show that he enlisted in the Regular Army on 3 March 1949 and was released from active duty on 14 July 1952 in the rank of corporal. After a break in service, he enlisted on 29 July 1952 and was released from active duty on 10 April 1953 in the rank of sergeant. After a second break in service, the applicant enlisted on 12 May 1953. He was discharged on 16 June 1955 in the rank of sergeant.
4. There are no orders or any other evidence in the applicant's available records which show he was awarded or recommended for award of the Bronze Star Medal.
5. 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was awarded the Bronze Star Medal in 1952; however, there is no evidence in the available records and the applicant did not provide any evidence that would substantiate his claim. Regrettably, there is insufficient evidence on which to base amending the applicant's records to show the Bronze Star Medal as an authorized award.
2. The applicant also requests that his promotions from 1949 to 1955 be corrected; however, he fails to specify the correction requested and there is no evidence showing that his record of promotions is in error or unjust.
3. This ABCMR operates under the presumption of regularity in governmental affairs. In the absence of evidence to the contrary, the ABCMR presumes that all actions taken by the military were proper. There is no evidence in the applicant's available records or in the evidence submitted to overcome this presumption.
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 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) AR20090012327
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ABCMR Record of Proceedings (cont) AR20090012327
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