MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            14 AUGUST 2001                  
	DOCKET NUMBER:   AR2001056682

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Joe R. Schroeder		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:  That his records be corrected to reflect award of the Bronze Star Medal.

He states that he received the Bronze Star Medal (BSM) on 22 April 1980 several years after his discharge.  He has the documents to show that he is entitled to award of the BSM.  He is sending proof that he was issued the medal. Copies of the order will be sent with this request.  He is sending a copy of the award.

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:

The applicant was inducted into the Army on 25 July 1967, trained as a medical corpsman, and in January 1968 was assigned to Vietnam as a medical corpsman.  He completed his tour in Vietnam and in March 1969 was assigned to Fort Dix, New Jersey.  He was released from active duty at Fort Dix in the grade of E-4 on 24 July 1969.  He had 2 years of service.  His DD Form 214 (Report of Transfer or Discharge) shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Combat Medical Badge, among his other awards.  It does not show award of the Bronze Star Medal.  The applicant’s DA Form 20 does not show award of the Bronze Star Medal, and his records contain no order showing that award.

In a 24 March 1980 letter to the National Personnel Records Center, the applicant requested award of the Bronze Star Medal, stating that his lieutenant recommended him for that award while he was a combat medic with the            4th Medical Battalion of the 4th Infantry Division.

On 22 April 1980 the Reserve Components Personnel and Administration Center (RCPAC) at St. Louis authorized issue of the award of the Bronze Star Medal to the applicant (DA Form 1577), based upon his award of the Combat Medical Badge.

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

Army Regulation 600-8-22 also provided that the Bronze Star Medal was authorized 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 such 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.  Awards of the Bronze Star Medal based on the Combat Infantryman Badge are commonly referred to as conversion awards.

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.

There is no evidence, and the applicant has not provided any, that he was ever recommended for, or awarded, the Bronze Star Medal, in spite of the authorization granted by RCPAC.  That authorization is erroneous and invalid.    His contention that he is entitled to the Bronze Star Medal based on his Combat Medical Badge is without foundation.  Such awards were limited to World War II awards of the Combat Infantryman Badge and the Combat Medical Badge.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 24 July 1969, the date he was released from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 24 July 1972.

The application is dated 17 April 2001 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.  Prior to reaching this determination the Board looked at the applicant's entire file.  It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations.  Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__WTM__  __REB__  __JRS __  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2001056682	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010814	
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.	107.00	
3.	60	
4.		
5.		
6.