IN THE CASE OF:	  

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150000906 


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 award of the Bronze Star Medal.

2.  The applicant states he was part of an historical event.  His unit (Company K, 7th Infantry Regiment, 3rd Infantry Division) occupied a defensive position on the line of resistance in the vicinity of Kumhwa, Republic of Korea, in an area known as Boomerang Hill.  Only 13 personnel in their outfit survived the horrendous fight with the Chinese and they never lost the battle.  He was never honored with a Bronze Star Medal.  

3.  The applicant provides:

* an example of a Bronze Star Medal Certificate with "V" Device
* a photograph 
* a newspaper article
* his Honorable Discharge Certificate
* his DD Form 214 (Report of Separation from the Armed Forces of the United States)

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 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 his records were destroyed in that fire.  However, there were sufficient documents available to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty in New Jersey on 3 November 1952.  His most significant duty assignment was listed as Company K, 7th Infantry Regiment, 3rd Infantry Division, Republic of Korea, where he served in military occupational specialty 1824 (Mess Steward).  His DD Form 214 also shows:

	a.  He was awarded the Korean Service Medal with one bronze service star, the Combat Infantryman Badge, Presidential Unit Citation, National Defense Service Medal, and the United Nations Service Medal.

	b.  He was honorably released from active duty at Camp Kilmer, NJ on 
21 August 1954.  He completed 1 year, 9 months, and 19 days of net active service, of which 1 year, 3 months, and 21 days was listed as foreign service.

4.  He provided a Certificate for Award of the Bronze Star Medal with "V" Device. This certificate for award was issued to another Soldier and the applicant intended it as an example of what his own award should have resembled.  This certificate was issued to Private First Class Txxxxx Ixxxxxxxx and states:

For heroism while assigned to Company F, 7th Infantry Regiment, 3rd Infantry Division, from 14-15 June 1953.  Company F occupied defensive positions on the Main Line of Resistance in the Vicinity of Kumhwa, Korea, in an area known as the Boomerang adjacent to hill 1062.  Company F came under intensive enemy artillery fire, followed by waves of enemy assault troops in battalion strength, using darkness for concealment.  Private First Class Ixxxxxxxx, disregarding personal safety, rushed to help wounded members of his squad to include his seriously wounded platoon leader.  Sensing enemy forces gaining a tactical advantage, Private First Class Ixxxxxxxx, armed with a rifle, despite poor visibility and subjected to near constant enemy fire, placed accurate rifle fire, coupled with hand grenades, on the enemy attackers.  Private First Class Ixxxxxxxx held his position for approximately seven hours, periodically continuing his steady, effective marksmanship, causing untold casualties upon the enemy.  Prior to the night battle, he also distinguished himself as a sniper.  Private First Class Ixxxxxxxx's valorous devotion to duty contributed immeasurably to the successful defense of his unit position and reflects credit upon himself and the United States Army.  

5.  The applicant provided a newspaper article entitled "6,000 Chinese Ram Allied Wall," dated 24 June 1953.  This article stated:

HQ, EIGHTH Army, June 24, (Pac. S&S) - Six thousand Chinese rammed against the Allied wall guarding the strategic Chorwon Valley early today in a coordinated drive along the five-and-one-half-mile front.  Elements of the United States 3d Division [men of the 7th "Cotton Baller" Infantry Regiment… Elements from King [K], Item [I], and Charlie [C] Companies participated in the action] and the South Korean 9th division fought hand to hand with the Reds all night after the initial attack at 1:10 a.m.  The battle broke out simultaneously along the battle line ranging from "the Boomerang" to Sniper Ridge.  As the fighting gained speed, the Chinese reinforced steadily until the peak at 3 p.m. when an estimated two enemy reinforcements were engaged on the forward position.  Part of Jane Russell was still in enemy hands at 7 o'clock but no other territory was lost.  The 7th Infantry Regiment of the 3d Division held tight on the Boomerang when about 1,750 Chinese struck their position at 1:10 in the midst of a thunderous time-fused artillery barrage from the Reds.  About 15,000 shells hit the position in the three and a half hour battle on the hill mass.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.    This regulation provides that 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.

7.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

8.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, Kentucky 40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  History indicates that numerous battles took place between April and July of 1953, in the area of and surrounding Boomerang hill, and the 7th Infantry Regiment was involved in many of those battles.  Furthermore, the available evidence shows the applicant was assigned to Company K, 7th Infantry Regiment, 3rd Infantry Division, Korea and that elements from Company K, his unit, were involved in a battle on Boomerang hill on 24 June 1953.  Additionally, his award of the Combat Infantryman Badge indicates he must have participated in combat during his Korean service.  Unfortunately, this evidence does not clearly articulate the applicant's role in the battle on Boomerang hill in June 1953.

2.  The applicant's sincerity is not in doubt.  However, battle participation is not sufficient in and of itself to justify award of the Bronze Star Medal.  His records do not contain and he has not provided any documentation to describe his specific role or actions.  The governing Army regulation states that for personal decorations (including the Bronze Star Medal), formal recommendation, approval through the chain of command, and announcement in orders is required.
His records do not contain a recommendation for the Bronze Star Medal.

3.  In the absence of official orders, there is insufficient evidence to correct his records to show he was awarded the Bronze Star Medal.  Nevertheless, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.


4.  Notwithstanding his sincerity and faithful service, and in the absence of evidence to the contrary, there is an insufficient evidentiary basis on which to grant the requested relief.    

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The applicant and all others concerned should know this decision regarding award of the Bronze Star Medal in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___________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)                                         AR20150000906





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ABCMR Record of Proceedings (cont)                                         AR20150000906



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