IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120010809 


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 the Armed Forces of the United States) to show award of the Bronze Star Medal with "V" Device.

2.  The applicant states he was told he would receive the Bronze Star Medal with "V" Device on 5 May 1953, the day he was wounded and received the Purple Heart.  He further states his commanding officer told him he was recommending him for the Bronze Star Medal with "V" Device because he showed remarkable courage by attending to the wounded while under fire after sustaining a head wound of his own.  He states he has been receiving a pension for Post-Traumatic Stress Disorder and further claims that his patrol leader received the Distinguished Service Cross and he feels it would be a great injustice if he did not receive an award for which he is entitled.   

3.  The applicant provides:

* DD Form 214
* General Orders Number 19
* Two newspaper clippings
* a letter from the Department of Veterans Affairs (VA)

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 record is 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 records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's DD Form 214.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active service on 14 July 1952.  The form contains the following pertinent information:

* Item 3 (Grade-Rate-Rank and Date of Appointment) shows sergeant (SGT), 22 August 1953
* Item 4 (Component and Branch or Class) shows "AUS AMEDS"
* Item 6 (Effective Date of Separation) shows 13 April 1954
* Item 7 (Type of Separation) shows "Released from Active Military Service"
* Item 26 (Foreign and/or Sea Service) shows 1 year, 2 months, and         14 days
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* United Nations Service Medal
* Korean Service Medal with 2 bronze service stars
* National Defense Service Medal
* Combat Medical Badge
* Purple Heart 

* Item 28 (Most Significant Duty Assignment) shows the 1666th Medical Company, 179th Infantry Regiment

4.  His available service records do not contain official orders awarding him the Bronze Star Medal with "V" Device.
5.  His records contain an undated Standard Form 180 (Request Pertaining to Military Records) in which the applicant requested the Bronze Star Medal for meritorious service as a former combat medic during the Korean War.  On 
15 October 1989, the supervisor of the Awards Team, Awards and VA Benefits Section, U.S. Army Reserve Personnel Center, St. Louis, responded to his request by informing him the Bronze Star Medal, based on award of the Combat Medical Badge, was awarded for service during World War II only. 

6.  The applicant submitted a copy of General Orders Number 19, dated 22 May 1953, issued by Headquarters, 17th Infantry Regiment, which shows he was awarded the Purple Heart for wounds received in action on 5 May 1953, in the vicinity of Yangjimal, Korea.  He also submits a copy of a VA letter, dated 9 January 2012, which confirms he is in receipt of disability compensation from the VA, and two newspaper articles.  

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  

8.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's honorable service in Korea and his award of the Purple Heart as well as the Combat Medical Badge are noted.  
2.  The applicant's sincerity is not in question.  However, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Bronze Star Medal with "V" Device.

3.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal with "V" Device, this in no way affects his right to pursue his claim for the Bronze Star Medal with "V" Device by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20120010809



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120010809



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1