MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 May 2002        
	DOCKET NUMBER:   AR2002068747

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Ms. Barbara J. Ellis		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:  In effect, award of the Bronze Star Medal based on award of the Combat Infantryman Badge that he earned during the Korean War.

APPLICANT STATES:  In effect, that from what he understands, after World War II a service person had to be recognized by his commanding officer as being awarded the Combat Infantryman Badge to receive a Bronze Star Medal.  In support of his application, he submits a letter of explanation, dated 11 January 2002; a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); a letter, dated 9 November 1998, from the Special Assistant to the Vice Chief of Staff; letters, dated 16 May 2000 and 21 November 2000. from the National Personnel Records Center; a Department of Veterans Affairs (DVA) Rating Decision, dated 26 May 1999; a DVA letter, dated 
10 February 1999; and an excerpt from the CBS Evening News on 6 June 2000.

EVIDENCE OF RECORD:  The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 7 May 1951.  He served as a rifleman in Korea and was released under honorable conditions on 29 September 1953.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Bronze Star Medal as an authorized award.  

The applicant’s DD Form 214 does show the Combat Infantryman Badge as an authorized award.

There are no orders for the Bronze Star Medal in the available records.  There is no evidence in the available records which shows that the applicant was recommended for or received the Bronze Star Medal.

Army Regulation 600-8-22 (Military Awards) also 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.  The Bronze Star Medal is 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 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.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

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.  Evidence of record shows that the applicant received the Combat Infantryman Badge during the Korean War.

2.  The governing regulation states that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medal Badge for service during World War II.  

3.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was recommended for or received the Bronze Star Medal.  
Therefore, the Board determined that there is no evidence on which to award 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

JLP____  BJE_____  TL______  DENY APPLICATION

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

INDEX

CASE ID	AR2002068747	
SUFFIX		
RECON		
DATE BOARDED	20020521	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.