MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:.

	BOARD DATE:            17 May 2000       
	DOCKET NUMBER:   AR2000039187

	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. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		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, that he be awarded the Purple Heart, Medal of Honor and Distinguished Service Cross.  He also requests that his records be corrected to reflect that he was separated as a Sergeant First Class.  The applicant states that he was recognized by Generals Omar Bradley and Matthew Ridgeway for his heroic actions "in the early part of 1954" when he led his squad of men to victory without any casualties "while charging a hill and overtaking it from the communists in Korea…."  He notes that his commanding officer promoted him to sergeant first class, however, on his application he indicated that General Omar Bradley promoted him "in the Field."  In support of his request he submits a self-authored statement, a photograph, meal card, newspaper article indicating assignment to Fort Carson, Colorado and a club card.

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 show:

He served on active duty between 5 May 1953 and 27 April 1955.  His DD Form 214 indicates he was assigned overseas for 10 months and was promoted to "PVT-2" on 5 February 1955.  He was awarded the Good Conduct Medal and the National Defense Service Medal.  Item 29 (wounds) on his DD Form 214, which he authenticated, reflects "NONE."

His separation medical examination, completed on 25 April 1955, makes no mention of any wounds sustained as a result of hostile action.  Extracts from the applicant's service medical records, which were available to the Board, are also silent regarding any wounds sustained as a result of hostile action.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

Army Regulation 600-8-22 provides, in pertinent part, that the Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The deed performed must 

have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his comrades and must have involved risk of life. Incontestable proof of the performance of the service is required.  The Distinguished Service Cross is awarded for heroism or extraordinary heroism not justifying the award of the Medal of Honor.  The act or acts of heroism must be so notable and have involved such risk of life so as to set the individual apart from his comrades.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required for both the Medal of Honor and Distinguished Service Cross.

On July 27, 1953, the UN, North Korea, and China signed an armistice agreement and the fighting ended in Korea. 

For two years following World War II, Omar Bradley served as administrator of veterans' affairs before becoming chief of staff of the U. S. Army early in 1948. The next year he became the first chairman of the Joint Chiefs of Staff in the newly created Department of Defense, the highest military position open to a 
U. S. officer.  In September 1950, while chairman of the Joint Chiefs, he became the fourth officer to reach the 5-star rank of General of the Army.  He also served as the first chairman of the Military Committee of the North Atlantic Treaty Organization (NATO), consisting of the military chiefs of staff of the nations united in that organization for common defense.  After relinquishing the NATO Military Committee chairmanship in 1950, he continued until mid-1953 as U. S. representative on the committee and on its Standing Group.  Late in 1953 he became chairman of the board of the Bulova Watch Company. 

During the Korean War era, promotions were all locally managed based on vacancies (with some quotas imposed by Department of the Army) and required that an individual be recommended for promotion and appear before a local promotion board.  There is no evidence, and the applicant has not provided any, that he was ever recommended for or selected for promotion beyond the grade of PVT-2.

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 27 April 1955, the date the applicant was released from active duty and authenticated his separation document.  The time for the applicant to file a request for correction of any error or injustice expired on 27 April 1958.
The application is dated 24 February 2000 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

__cmf___  ____fe__  ___rjw__  CONCUR WITH DETERMINATION

    Carl W. S. Chun
    Director, Army Board for Correction
	                of Military Records

INDEX

CASE ID	AR2000039187	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000517	
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.	142.00	
2.		
3.		
4.		
5.		
6.