IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110005062
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 he be awarded the Bronze Star Medal (BSM).
2. The applicant states that he served with the 187th Airborne Regimental Combat Team (ARCT) from September 1950 through May 1951 and he participated in two combat jumps behind enemy lines. He further states that he participated in the battles of hills #240 and 255, where he was told that he would receive the award of the BSM; however, he never received it.
3. The applicant provides a one-page letter explaining his application, a page from an unidentified publication, a copy of his identification card, and copies of two after action reports.
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 applicant's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army in Kansas City, Missouri on 3 March 1950 for a period of 3 years and was trained as a light weapons infantryman. He was also qualified as a parachutist in 1950.
4. He was promoted to the temporary rank of corporal on 22 December 1952 and he served 8 months and 17 days of foreign service.
5. On 10 March 1953, he was honorably discharged at Fort Riley, Kansas due to the expiration of his term of service. He had served 3 years and 1 day of active service and his DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was awarded the Combat Infantryman Badge, the Korean Service Medal with two bronze service stars, and the Parachutist and Glider Badges.
6. A review of the available records failed to show any indication of the applicant being recommended for or being awarded the BSM. The available records also do not indicate the applicants actual unit of assignment during the period in question.
7. The documents provided by the applicant consists of after action reports from the company commander and a platoon leader in Company E, 187th ARCT involving the events of 14 February 1951 while attempting to secure Hill 240, located 31/2 miles northwest of Wonju, Korea.
8. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
9. Army Regulation 600-8-22 states there is no automatic entitlement to an award upon departure either from an assignment or from the service.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was told he would receive the BSM is not in doubt; however, there simply is no evidence in the available records to support his contention.
2. It is especially difficult to ascertain what actually occurred in the applicants case due to the loss of his records in the 1973 fire at St. Louis and the passage of 50+ years since the event occurred.
3. Therefore, in the absence of sufficient evidence to show that he was recommended for award of the BSM and the recommendation was not processed to completion or that he was in fact awarded the BSM and it was not presented, there appears to be no basis to add the BSM to his records at this time.
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) AR20110005062
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