IN THE CASE OF:
BOARD DATE: 28 January 2010
DOCKET NUMBER: AR20090014744
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, the issuance of the Bronze Star Medal; that any reference to ordnance duty in his record of assignments be removed from his service record; and that that three additional bronze service stars be affixed to his Korean Service Medal.
2. The applicant states he was told by two lieutenants that he was awarded the Bronze Star Medal for taking out a sniper and aiding another Soldier. He also contends that the Department of the Army documented information incorrectly on his military records.
3. The applicant provides two applications; a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); and two special orders, dated 17 July 1951 and 13 September 1951 in support of his applications.
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 applicants 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 applicants 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 applicants 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 enlisted in the Regular Army on 11 January 1949 for a period of 3 years (with a 1 year extension). He served in Korea and was honorably discharged on 29 October 1952.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the "AOM (JAPAN)" [Army of Occupation Medal (Japan)], the "CIB [Combat Infantryman Badge], the "BSM" [Bronze Star Medal], the "KSM W/3 BSS" [Korean Service Medal with three bronze service stars], the "UNSM" [United Nations Service Medal], and the "DUE" [Distinguished Unit Emblem] as authorized awards. Item 28 (Most Significant Duty Assignment) on his DD Form 214 shows the 547th Ordnance Field Maintenance Company.
5. The applicant's service record is not available.
6. The applicant's inclusive dates of service in Korea are not available.
7. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Korean Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The Army Board for Correction of Military Records does not issue medals. The applicant may receive the awards shown on his DD Form 214 (which includes the Bronze Star Medal) by submitting a request via a letter or the Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address: National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100. Requests must include a copy of the DD Form 214 and any other supporting documentation to substantiate the request. The SF 180 can be found at http://www.archives.gov.
2. The applicant's request to remove any reference to ordnance duty in his record of assignments on his service record was noted. However, his service record is not available. Therefore, there is an insufficient basis for granting the applicant's request at this time.
3. Since the applicant's inclusive dates of service in Korea are not available, there is insufficient evidence on which to grant his request for three additional awards of the bronze service star to be affixed to his Korean Service Medal.
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) AR20090014744
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