IN THE CASE OF:
BOARD DATE: 18 December 2012
DOCKET NUMBER: AR20120010948
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 the Bronze Star Medal (BSM) be added to his
DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states:
* the BSM was awarded just before he was discharged
* the medal and award letter arrived at his home after he was discharged
3. The applicant provides:
* Orders and citation for the BSM
* 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 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. His DD Form 214 shows he was ordered to active duty from the Enlisted Reserve on 4 September 1950. He served as a medical technician in Korea and he was honorably released from active duty on 3 July 1952.
4. His DD Form 214 shows he was awarded the:
* Combat Medical Badge
* Korean Service Medal with two bronze service stars
* United Nations Service Medal
5. Orders, dated 4 June 1952, show he received the BSM.
6. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) 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.
7. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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 service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
DISCUSSION AND CONCLUSIONS:
1. Orders show he received the BSM. His DD Form 214 should be corrected to show this medal.
2. He served a period of qualifying service for award of the NDSM and ROKWSM. His DD Form 214 should be corrected to show these medals.
BOARD VOTE:
___X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the BSM, NDSM, and ROKWSM to his DD Form 214.
_______ _ 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) AR20120010948
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ABCMR Record of Proceedings (cont) AR20120010948
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