MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:           17 July2003                
	DOCKET NUMBER    AR2003083968

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Regan K. Smith		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:  In effect, that the Bronze Star Medal (BSM) with Valor (“V”) Device be added to the list of awards contained in his separation document 
(DD Form 214).  

APPLICANT STATES:  In effect, that he received the BSM for heroism, but this award was not included in his DD Form 214.  In support of his application, he provides extracts of two local newspaper articles that describe the action for which he claims to have won the award and the presentation ceremony at which he received the award.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s military records were not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost in that fire.  

There is a copy of the applicant’s DD Form 214 on file.  This document confirms that the applicant entered active duty on 27 October 1950 and continuously served until being honorably separated on 9 August 1952.  It also confirms that the most significant unit he served in was the 180th Infantry Regiment and that he served overseas for 1 year, 4 months, and 7 days. 

Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he earned the following awards during his tenure on active duty:  Army Occupation Medal-Japan; Korean Service Medal with 1 bronze service star; and United Nations Service Medal.  The BSM is not included in this list of awards.  The applicant authenticated this document with his signature, thereby verifying that the information contained therein, to include the list of awards, was correct at the time the document was prepared and issued.  

The applicant provides a local newspaper article extract that indicates that members of the 180th Infantry Regiment were involved in two fights on one day.  He provides a second extract that describes an award ceremony in Korea at which he was awarded the BSM for heroism.  

In connection with the processing of this case, a member of the Board staff reviewed the historical files of the 180th Infantry Regiment that are maintained at the National Archives.  This search failed to produce evidence showing that the applicant was ever recommended for or awarded the BSM with “V” Device.  

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 3-13 of the awards regulation outlines the criteria for the award of the BSM.  It states, in effect, that the BSM may be authorized to those members who while serving in any capacity in or with the Army of the United States, distinguished themselves by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  

As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to veterans.  The Department of Defense assigned responsibility to the Department of the 
Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  

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 notes the applicant’s contention that he received the BSM with “V” Device and its omission from his separation document was the result of an administrative error.  However, it finds insufficient evidence to support this claim. 

2.  The Board carefully considered the newspaper article extracts submitted by the applicant.  However, there is no official record or third party witness corroboration that confirms he was awarded the BSM with “V” Device.  Further, he signed his DD Form 214 verifying that the information contained in the separation document, to include the list of awards, was correct at the time it was issued.  Thus, the Board finds the independent evidence provided by the applicant is not  sufficiently compelling to support the requested relief.  

3.  The applicant is advised that the veracity of his claim of entitlement to the BSM with “V” Device is not in question.  This action is based solely on there being insufficient evidence to confirm his entitlement to the BSM with “V” Device and it is taken in the interest of all those who served in Korea and who faced similar circumstances.  

4.  The applicant is advised that to apply for the Korean War Service Medal, he should submit a copy of his DD Form 214 to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is provided.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214.

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

RKS__  __JM___  __JHL    __  DENY APPLICATION

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

INDEX

CASE ID	AR2003083968	
SUFFIX		
RECON		
DATE BOARDED	2003/07/DD	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1952/08/09	
DISCHARGE AUTHORITY	AR 615-365 	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0014	
2.		
3.		
4.		
5.		
6.