IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130021447
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 (BSM) with "V" Device.
2. The applicant states:
* the BSM with "V" Device was in his possession, but it was stolen when his house was burglarized
* the military has no indication that the medal was awarded, but it was received and stolen
* since it was stolen, he is requesting a replacement
3. The applicant provides:
* his DD Form 214
* a DA AGO Form 638 (Recommendation for Award - Heroism)
* two witness statements
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 to conduct a fair and impartial review of this case.
3. The applicant's available records show he was inducted into the Army of the United States on 24 October 1952.
4. He submitted:
a. a DA AGO Form 638, dated 9 July 1953, which shows the applicant was recommended for award of the BSM with "V" Device by his then Battalion Commander for heroism on 12 June 1953, when the enemy launched a fierce assault attack against his unit and he provided the defenders with accurate and continuous fire support. After all the men in his crew were wounded, he manned the mortar himself until all of his ammunition was expended. The applicant refused to seek shelter until he had cared for his wounded comrades and they were safely evacuated. He remained at the knoll throughout the night firing his personal weapon until assured that the foe had been driven from the knoll.
b. two witness statements, dated 12 July 1953, from members of his unit who stated that after every member of his mortar squad was wounded he continued to man the weapon by himself and provide fire support until his ammunition supply was depleted.
5. On 23 October 1954, he was honorably released from active duty and transferred to the U.S. Army Reserve after completing a total of 2 years of active military service.
6. His DD Form 214 shows in item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons) shows he was awarded or authorized the:
* United Nations Service Medal
* Army Good Conduct Medal
* Korean Service Medal with one bronze service star
* Combat Infantryman Badge
* National Defense Service Medal
* Purple Heart
7. Army Regulation 600-8-22 (Military Awards) states the BSM 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he was awarded the BSM with "V" Device is acknowledged; however, his record does not contain any orders nor has he provided any orders or other corroborating evidence showing he was awarded the BSM with "V" Device.
2. The applicant's service in Korea and his sincerity are not in question. However, his available record contains no orders or other documents which confirm he was awarded the BSM with "V" Device while serving in Korea. The regulatory burden of proof necessary to support adding the BSM with "V" Device to his DD Form 214 has not been met.
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) AR20130021447
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130021447
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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