IN THE CASE OF:

		BOARD DATE:  24 July 2012

		DOCKET NUMBER:  AR20120002994 


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 DD Form 214 (Report of Separation from Active Duty) to show he was awarded the Bronze Star Medal with "V" Device and the Combat Infantryman Badge for his service in the Republic of Korea (ROK).

2.  The applicant states that while serving in Company A, 1st Battalion, 
19th Infantry Regiment, 24th Infantry Division, he was wounded in his left knee on or about 17 April 1951.  He was to receive a Bronze Star Medal with "V" Device, but his records were lost.  He also never received his Combat Infantryman Badge.  He is now 80 years old and in the Veterans of Foreign Wars (VFW) honor guard.  He would like this to be corrected before he passes away.
 
3.  The applicant provides a letter from his wife and 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 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 his 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 (RA) on 25 July 1950.  He attained the rank of sergeant, and was honorably discharged on 24 July 1953.  

4.  His DD Form 214 shows:

	a.  he was an RA Infantryman, 

	b.  he served 11 months and 15 days of foreign service, 

	c.  his awards include the Silver Star, two awards of the Purple Heart, Korean Service Medal with 4 bronze service stars, and the United Nations Service Medal; and 

	d.  his most significant duty assignment was with Company A, 19th Infantry.
 
5.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.

	b.  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.  The bronze “V” device indicates acts of heroism involving 


conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  

	c.  the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

	d.  for award of the Combat Infantryman Badge to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

	e.  the Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and its adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  (1) while on permanent assignment, (2) while on temporary duty within the territorial limits of Korea or in waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days, or (3) while as crew members of aircraft in aerial flight over Korea participating in actual combat operations or in support of combat operations.

6.   Army Regulation 600-8-22 also provides the following guidance concerning interim awards. 

	a.  To ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award,
except for retiring U.S. Army general officers.  When a higher award is approved, the approving authority will revoke the interim award.  The decoration will be returned by the recipient, unless the higher award is approved posthumously, in which case the next of kin will be permitted to retain both awards.

	b.  The authority taking final action may award the decoration recommended, award a lesser decoration (or consider the interim award as adequate recognition), or in the absence of an interim award, disapprove award of any decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device and the Combat Infantryman Badge.

2.  The evidence of record clearly shows that the applicant served in the ROK as an infantryman, was assigned to an infantry unit of brigade, regimental or smaller size, and was awarded the Silver Star, which is awarded for gallantry in action against the enemy.  He qualifies for award of the Combat Infantryman Badge for this service.

3.  The applicant served during a qualifying period for award of the National Defense Service Medal and the Republic of Korea War Service Medal.

4.  Therefore, his records should be corrected to show these awards.

5.  There is no available evidence showing he was awarded the Bronze Star Medal with "V" Device.  However, it is possible it was presented as an interim award pending approval of the Silver Star. 

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 adding the following awards to his DD Form 214:

* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Korea War Service Medal

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 the Bronze Star Medal with "V" Device.




      _______ _   _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)                                         AR20100025488



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ABCMR Record of Proceedings (cont)                                         AR20120002994



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