MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            23 April 2002
	DOCKET NUMBER:   AR2002066441

	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:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		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:  That his records be corrected to show his service from 21 June 1950 to 20 June 1956.  He also requests correction of his records to show award of the Bronze Star Medal and the Korean War Service Medal.

The applicant's request for the Korean War Service Medal was addressed by separate correspondence.

APPLICANT STATES:  In effect, that his records do not show his service from 1950 to 1956.  He states that he was in combat in Korea from March 1952 to 1953.  He continues to state that he was with Company D, 8th Regiment of the 1st Cavalry and he believes that this unit was awarded the Bronze Star Medal.  In support of his application, he submits a photocopy of medals; Certificate of Retirement; Announcement of Retirement; two DD Forms 214 (Report of Transfer or Discharge) for his service in the Air Force; three DD Forms 214 for his service in the Army; and Retirement Order (AF HQ Form 0-122), dated 20 August 1964.

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 the applicant was inducted in the Army Air Corps on 31 December 1942.  He served as an auto equipment mechanic and was honorably discharged on 19 January 1946.  He enlisted in the Regular Army on 1 July 1947 for a period of 3 years. He was honorably discharged on 14 June 1950.  He reenlisted in the Regular Army on 21 June 1950 for a period of 6 years.  He served as an automotive repairman and was honorably discharged on 20 June 1956.  The applicant subsequently served in the Air Force and retired in the rank of staff sergeant on 31 December 1964.

The applicant provided a DD Form 214 which covers his service in the Regular Army from 21 June 1950 to 20 June 1956.

There is no evidence in the available records which shows the applicant served in combat in Korea.

The applicant's discharge documents do not show the Bronze Star Medal as an authorized award.

There is no evidence in the available records which show the applicant was recommended for or awarded the Bronze Star Medal. 

Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star 
Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

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 Board considered the applicant's contention that his records do not show his service from 1950 to 1956.  However, evidence of record shows the applicant was issued a DD Form 214 for his service in the Army during the period "21 June 1950 to 20 June 1956."  Therefore, there is no basis for granting the applicant's request.

2.  The Board considered the applicant's contention that he served in combat in Korea from March 1952 to 1953.  However, there is no evidence of record and the applicant has provided no evidence to support this contention.

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or awarded the Bronze Star Medal. Therefore, there is no basis for granting award of the Bronze Star Medal in this case.

4.  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.

5.  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

KAK_____  MDM_____  TL______  DENY APPLICATION

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

INDEX

CASE ID	AR2002066441	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020423	
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.	100.0000	
2.	107.0014	
3.		
4.		
5.		
6.