IN THE CASE OF:	  

		BOARD DATE:	  28 October 2010

		DOCKET NUMBER:  AR20100012762 


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 the two bronze service stars he was awarded be converted to Bronze Star Medals.  He also requests any additional awards or decorations he is authorized.

2.  The applicant states he saved more than one hundred lives as a combat medic and as a result his bronze service stars should be converted to two Bronze Star Medals for meritorious service.

3.  The applicant provides a self-authored statement and a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) 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 record shows that as a member of the Texas Army National Guard, he entered an active duty status on 11 September 1950.  He served in military occupational specialty (MOS) 3666 (Medical Aidman).

3.  Item 29 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served a tour of duty in the Republic of Korea from 5 July 1951 to 23 May 1952.

4.  On 6 June 1952, the applicant was honorably discharged from active duty in the rank of corporal.  His DD Form 214 shows he completed 1 year, 8 months, and 26 days of service; 10 months were foreign service.

5.  The applicant's DD Form 214, Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), shows he earned the following awards:

* Korean Service Medal (KSM) with 2 bronze service stars
* United Nations Service Ribbon
* Combat Medical Badge

6.  On 18 November 1958, the applicant entered active duty from a Reserve status and he served until he was honorably discharged on 3 February 1960 for immediate reenlistment.  He served in MOS 911.26 (Medical Specialist).  He completed 1 year, 2 months, and 16 days of active service. 

7.  The DD Form 214 that was issued on 3 February 1960 shows during this period of service he earned the Sharpshooter Marksmanship Qualification Badge (Carbine .30 Caliber) in addition to the awards listed above in paragraph 5.  Item 33 (Record of Assignments) of his DA Form 20 shows he was stationed in the continental U.S. for the duration of this period of active service.  

8.  On 4 February 1960, he enlisted in the Regular Army and served until he was honorably discharged on 17 January 1963 after completing 2 years, 11 months, and 14 days of active service.  During this period, he served in Germany from
23 March 1961 to 14 January 1963.  His DD Form 214 for this period shows award of the Expert Marksmanship Qualification Badge (M-14 Carbine Rifle) and he served in MOS 916.2668 (Social Work Specialist).

9.  His records are void of evidence and he has not provided any orders or other documents that show he was recommended for or awarded the Bronze Star Medal by proper authority while serving on active duty.


10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  

   a.  Chapter 2-10 contains guidance on award of the NDSM.  It indicates that the NDSM was authorized for any period of honorable active duty service completed between 27 July 1950 and 27 July 1954 and between 1 January 1961 and 14 August 1974.  

   b.  Paragraph 3-14 of the awards regulation contains guidance on award of the BSM and states, in pertinent part, that it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star.

   c.  The above awards regulation states the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  Formal recommendations should be submitted for individual awards for service.  The award must be approved by the appropriate award approval authority and announced in official orders.

   d.  Chapter 4 of the awards regulation prescribes the policy for award of the Army Good Conduct Medal.  It states, in pertinent part, that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  For first award only, upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year, is a qualifying period.  The available records contain no evidence that the applicant committed any infractions that would have disqualified him from receiving the Army Good Conduct Medal, or that he was ever disqualified for award of the medal by any of his active duty unit commanders.

	e.  There are no provisions of regulation that allow converting a bronze service star to a Bronze Star Medal.

11.  Chapter 9-16 of the awards regulation contains guidance on the Republic of Korea War Service Medal.  It is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.

12.  Section 1130 of the U.S. Code (10 USC 1130) allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.
13.  In order to request an award under 10 USC 1130, an applicant must submit a DA Form 638 (Recommendation for Award) clearly identifying their unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which recognition is requested must accompany the DA Form 638 and should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

14.  10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, applicants must submit their request through a Member of Congress to the Secretary of the Army at the following agency: United States Army Human Resources, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the two bronze service stars that he was awarded should be converted to two BSMs and that his record should be corrected to show all other awards he is authorized.

2.  By regulation, the National Defense Service Medal was authorized for honorable active duty service completed between 27 July 1950 and 27 July 1954 and between 1 January 1961 and 14 August 1974; and the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  
The evidence of record confirms the applicant honorably served on active duty from 11 September 1950 to 6 June 1952 and from 4 February 1960 to 17 January 1963, which included his foreign service in Korea from 5 July 1951 to 23 May 1952.  Based on this service, he is entitled the National Defense Service Medal with one bronze service star and the Republic of Korea War Service Medal and to have it added to his DD Form 214.

3.  In the absence of derogatory information or a formal disqualification from his active duty unit commanders it is concluded the applicant's honorable active service from 11 September 1950 to 6 June 1952 qualified him for the first award of the Army Good Conduct Medal.  As a result, it should be awarded and added to his DD Form 214.

4.  By regulation, the Bronze Star Medal is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star, unlike a bronze service star, which is authorized for wear with a member’s Korean Service Medal for each campaign the member participated in while that member was assigned or attached to the unit.

5.  In addition, the record is void of any evidence and he has not provided any orders or other documents showing he was ever recommended for or awarded the Bronze Star Medal by proper authority while serving on active duty for heroic acts.  As a result, there is no basis upon which to grant this portion of the requested relief.

6.  There are no provisions of regulation that allow converting a bronze service star to a Bronze Star Medal.  However, 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 

_____X___  ____X___  ___X____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for his qualifying period of honorable active duty service from 11 September 1950 to 6 June 1952;

	b.  amending item 27 of his DD Form 214 for the period ending 6 June 1952 by adding the National Defense Service Medal and the Republic of Korea War Service Medal; and

	c.  amending item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 17 January 1963 by adding the National Defense Service Medal with one bronze service star.


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to award of two Bronze Star Medals.



      _______ _   __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)                                         AR20100012762



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ABCMR Record of Proceedings (cont)                                         AR20100012762



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