MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 June 1999      
	DOCKET NUMBER:   AR1998013921

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Gary F. Geraets		Member	
	Mr. Lester Echols		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, award of the Bronze Star Medal.  He states that all members of the 24th Infantry Division were awarded the Bronze Star Medal for the period 2 July 1950 through 2 November 1950.  He submits no evidence, other than a self-authored statement, in support of his request.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained here in was reconstructed from alternative sources, including documents provided by the applicant.

He entered active duty on 27 July 1948 and served more than 30 months overseas with the 13th Field Artillery Battalion where he was awarded several decorations, including the Korean Service Medal.  While overseas he served as a cook.

On 20 April 1952 he was honorably discharged from active duty.  His DD Form 214, which he authenticated, does not reflect entitlement to the Bronze Star Medal.

The applicant’s unit, the 13th Field Artillery Battalion was originally constituted in July 1916 as part of the 4th Division.  In March 1921 the unit was assigned to the Hawaiian Division which was later redesignated as the 24th Infantry Division.  

On 24 November 1950 the commanding general of the 24th Infantry Division issued a message indicating that it was his desire that all individuals who arrived in Korea between 30 June 1950 and 14 July 1950, and were assigned as a member of the 24th Infantry, would be awarded the Bronze Star Medal for meritorious service providing they were still assigned to the division in November 1950.  The directive specifically stated that a separate recommendation was required for each individual and that the individual’s performance of duty must have been creditable throughout the period and free of any disciplinary actions.  There is no evidence, nor does the applicant provide any, that he was ever recommended for the award.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 30 April 1952, the date the applicant was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 30 April 1955.

The application is dated 24 January 1998 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

___mkp__  __gfg___  ___le___  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1998013921	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990623	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2. 142.00		
3.		
4.		
5.		
6.