IN THE CASE OF:
BOARD DATE: 1 August 2013
DOCKET NUMBER: AR20130002165
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.
2. The applicant states the award was overlooked when he returned from Korea and was discharged.
3. The applicant provides a DD Form 214 and a certificate showing General Orders (GO) Number 1100 awarding him the Bronze Star Medal.
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 NPRC 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. The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active service on 14 February 1952. This form also shows that at the time of his separation, his most significant assignment was with Headquarters and Service Company, 73rd Engineer Combat Battalion.
4. His DD Form 214 also shows he completed 1 years, 11 months, and 22 days of creditable military service during this period, of which 1 year, 2 months, and 7 days was foreign service. He was honorably released from active duty on
5 February 1954.
5. His DD Form 214 shows he was awarded or authorized the:
* Korean Service Medal with two bronze service stars
* Two overseas service bars
* National Defense Service Medal
* Meritorious Unit Commendation
6. He provides a citation that shows GO Number 1100, issued by Headquarters, Eighth United States Army awarded him the Bronze Star Medal for meritorious service in connection with military operations against an armed force in Korea from 22 December 1952 to 28 December 1953.
7. Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments. It states:
a. 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.
b. The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.
c. The Republic of Korea War Service Medal 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. GO awarded the applicant the Bronze Star Medal 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. He served a qualifying period of service for entitlement to the United Nations Service Medal and the Republic of Korea War Service Medal which are not shown on his DD Form 214. Therefore, his DD Form 214 should be corrected to show these 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
* United Nations 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) AR20130002165
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ABCMR Record of Proceedings (cont) AR20130002165
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