BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20120017075
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 awarded the Bronze Star Medal with "V" Device but he only has the citation.
3. The applicant provides his DD Form 214 and citation for award of the Bronze Star Medal with "V" Device; DD Form 214; and a letter, dated 31 August 2012.
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 complete 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 available records show the applicant was inducted into the Army of the United States in Fargo, North Dakota, and he entered active duty on 18 October 1951. At the time of separation, he held military occupational specialty 1641 (Wire Chief, Field) and the rank/grade of sergeant first class/E-7. He was honorably released from active duty 20 July 1953.
4. His DD Form 214 shows he completed 1 year, 9 months, and 2 days of net active service, of which 1 year and 2 months were credited as foreign service. He served with the 955th Field Artillery Battalion, Korea. He was awarded or authorized the:
* Korean Service Medal with three bronze service stars
* United Nations Service Medal
5. General Orders (GO) Number 223, issued by Headquarters, IX Corps, on
3 December 1952 awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against an armed force in the vicinity of Chorwon, Korea, on 8 October 1952, while assigned to Headquarters and Headquarters Battery, 955th Field Artillery Battalion.
6. He provided a citation for award of the Bronze Star Medal with "V" Device, issued by Headquarters, 9th Corps, Korea.
7. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. 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 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. GO awarded the applicant the Bronze Star Medal with "V" Device which is not shown on his DD Form 214. Therefore, he is entitled to correction of his
DD Form 214 to show this award.
2. The applicant served a qualifying period of service for award of the National Defense Service Medal and Republic of Korea War Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show both awards.
BOARD VOTE:
__x__ __x______ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 to his DD Form 214 the:
* Bronze Star Medal with "V" Device
* National Defense Service Medal
* Republic of Korea War Service Medal
_______ _ 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) AR20120017075
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ABCMR Record of Proceedings (cont) AR20120017075
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