MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 April 2001                  
	DOCKET NUMBER:   AR2000050922

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Thomas Baxter		Member	
	Mr. John T. Meixell		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 to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	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:  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 and any awards to which he is entitled.

APPLICANT STATES:  That the Bronze Star Medal was not included on his DD Form 214 to include other medals to which he is entitled.  He submits a copy of his DD Form 214 and a DA Form 1577 (Authorization for Issuance of Awards), dated 13 April 1999, in support of his application.

EVIDENCE OF RECORD:  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he enlisted in the Regular Army on 8 February 1951.  He served in Korea and was discharged from active duty on 15 January 1954.

The applicant’s DD Form 214 does not show the Bronze Star Medal as an authorized award.  

Evidence available to the Board shows the applicant was awarded the Combat Infantryman Badge.

The applicant provided a DA Form 1577 (Authorization for Issuance of Awards) prepared by the National Personnel Records Center and dated 13 April 1999.  This document shows that the Chief of the Army Reference Branch of the National Personnel Records Center determined that the applicant was entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge.  However, there is no evidence which shows the applicant served during World War II.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  

Army Regulation 600-8-22 also contains a special provision for award of the Bronze Star Medal for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The DA Form 1577 (Authorization for Issuance of Awards), dated 13 April 1999, prepared by the National Personnel Records Center determined that the applicant was entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  However, award of the Bronze Star Medal based on award of the Combat Infantryman Badge only was authorized during World War II from 7 December 1941 to 2 September 1945.

2.  There is no evidence available to the Board which shows the applicant served during the period of qualifying service for award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is not entitled to award of the Bronze Star Medal and there is no basis for correcting his DD Form 214 to show this award.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

WTM____  TB______  JTM____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050922	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010403	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0014	
2.	107.0000	
3.		
4.		
5.		
6.