IN THE CASE OF:
BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130001948
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 the Bronze Star Medal with "V" Device in lieu of the "4 Bronze Stars." He also requests a replacement for this medal.
2. The applicant states he received the Bronze Star Medal with "V" Device not "4 Bronze Stars." An administrative error occurred when his DD Form 214 was issued.
3. The applicant provides his DD Form 214 and a letter from his Member of Congress, dated 11 April 2013.
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 complete 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 that the applicant's 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 available records show, after having had previous enlisted service, he enlisted in the Regular Army on 11 May 1950, held military occupational specialty 1824 (Mess Steward), and held the rank/grade of corporal (CPL)/E-4.
4. His record does not contain a recommendation for or orders awarding him the Bronze Star Medal with "V" Device.
5. He was honorably discharged from active duty on 30 April 1953. His DD Form 214 shows:
* he completed 3 years of net service during the period covered by his DD Form 214
* he had 1 year, 8 months, and 18 days of other (previous) service
* he was credited with 4 years, 8 months, and 18 days of total service
* he was credited with 1 year, 7 months, and 2 days of foreign service
* he served in Korea
* he was awarded or authorized the Occupation Medal (Japan) and the Korean Service Medal with four bronze [service] stars:
6. On 18 December 2012, he was issued a DD Form 215 (Correction to
DD Form 214) that added awards of the:
* Army Good Conduct Medal
* National Defense Service Medal
* United Nations Service Medal
* Republic of Korea Korean War Service Medal
* Presidential Unit Citation (Navy)
* Republic of Korea Presidential Unit Citation
7. 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 in 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.
8. Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal, including the Korean Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars.
9. Army Regulation 600-8-22 states 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. The "V" Device is authorized with individual awards, not service awards.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he was awarded the Korean Service Medal with four bronze service stars. These bronze service stars do not mean he was awarded four Bronze Star Medals. They mean he participated in four campaigns while serving in Korea and he is entitled to four bronze service stars to be affixed to the Korean Service Medal.
2. His record does not contain any evidence and he provides none to show he was recommended for or issued orders for award of the Bronze Star Medal with "V" Device. The governing Army regulation states that for personal decorations, which include the Bronze Star Medal, formal recommendation, approval through the chain of command, and announcement in orders are required.
3. In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis for granting the applicant's requested relief 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) AR20130001948
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ABCMR Record of Proceedings (cont) AR20130001948
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