PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               21 April 1999
	DOCKET NUMBER:       AC98-08975
				       AR1998014014

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

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Gary F. Geraets		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Bronze Star Medal for valor against an armed enemy on 26 September 1950 and correction of his records to show he was advanced to the rank of corporal effective 26 September 1950.  

3.  The applicant states that he did not receive the award or advancement due to an administrative oversight.  In support of his application, he provides a letter of explanation, a copy of his DD Form 214 (Report of Transfer or Discharge) with an effective date of 28 November 1969, a copy of his retirement orders, a copies of 22 May 1951 and 20 November 1952 Department of the Army letters regarding the applicant’s prisoner of war status, information pertaining to his retirement; prisoner of war status; a copy of his DD Form 214 with an effective date of 5 November 1953, an undated letter and enclosed statement regarding award of the Bronze Star Medal, and a copy of his 1953 discharge orders.

4.  The applicant’s military records show that he enlisted on 9 August 1949.  He served in Korea from 19 July 1950 to 20 August 1953.  During the period 1 December 1950 to 6 August 1953, he was a prisoner of war.  On 5 November 1953, he was honorably separated.  He subsequently reenlisted and remained on active duty until retirement in 1969.

5.  The applicant’s DD Form 214 with an effective date of 5 November 1953 does not show award of the Bronze Star Medal and shows the applicant’s rank as “Cpl (T) [corporal temporary] with a date of rank as “31 Dec 50”.

6.  The applicant provided a certificate from his supervisor, a captain, at the time in question.  This officer’s certificate states that on 26 September 1950 he recommended the applicant for promotion to corporal and award of the Bronze Star Medal for heroism.  He states that he made the recommendation to the applicant’s battalion commander.  The applicant’s records contain a 15 January 1955 statement by the battalion commander at the time in question which confirms that the captain “did verbally” state that “he wanted a decoration for” [name omitted] who is the applicant in this case.  The battalion commander at the time also stated that he told the adjutant to submit an award which was not accomplished due to operational requirements.  The statement by the battalion commander does not recount the valorous actions of the applicant; however, he does state that the award is “justified” and “well earned”.

7.  There is no evidence in the applicant’s records that a formal recommendation for award of the Bronze Star Medal for heroism was made or that orders were published awarding the applicant this decoration. 

8.  There is no evidence in the applicant’s records that a formal recommendation for advancement was made; however, the records show that on 1 May 1953, he was advanced to the rank of corporal effective 31 December 1950.  The Adjutant General of the Army inquired into the recommendation for promotion of the applicant to corporal effective 26 September 1950 and advised the applicant’s chain of command on 21 April 1954 that the applicant had not been promoted and the promotion had not been delayed by administrative oversight.  This in effect was a determination that the applicant was not entitled to promotion to corporal effective 26 September 1950.

9.  The Board noted that the applicant was a prisoner of war from 1 December 1950 to 6 August 1953, but his records do not show award of the Prisoner of War Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Prisoner of War (POW) Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

CONCLUSIONS:

1.  There is no evidence of record that the applicant was formally recommended or awarded the Bronze Star Medal for heroism.  However, the Board has determined that the exigencies of war prevented a recommendation for award of the Bronze Star Medal with “V” Device from being properly processed.  

2.  In view of the foregoing and based on the statements of the officer at the scene of the combat action and the statement of the battalion commander at the time, the board determined that the applicant is entitled to award of the Bronze Star Medal with “V” Device for heroism in action on 26 September 1950 in the vicinity of the Naktong River, Korea, against an armed enemy. 

3.  Evidence of record shows the applicant was a prisoner of war; therefore, he is entitled to the POW Medal and correction of his records to show this award. 

4.  Records show the applicant was advanced to the rank of corporal with an effective date approximately three months after the informal recommendation for promotion was made on 26 September 1950.  There is no evidence to show this advancement was the result of the informal recommendation or not.  In April 1955, the Adjutant General of the Army concluded that there was no basis for his promotion to corporal effective 26 September 1950.  Based on these facts, the Board determined that the applicant was properly promoted to corporal with date of rank as 31 December 1950.  Therefore, the applicant’s records regarding his promotion to corporal are correct as currently constituted.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Bronze Star Medal with “V” Device for heroism in action against an armed enemy on 26 September 1950 in the vicinity of the Naktong River, Korea, and the POW Medal.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

CMF____  SK______  GFG____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		CHAIRPERSON

INDEX

CASE ID	AC98-08975/AR1998014014	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990421	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19691128	
DISCHARGE AUTHORITY	AR 635-200. . . . .  	
DISCHARGE REASON	RETIREMENT	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.