IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150004882 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Bronze Star Medal (BSM). 2. The applicant states: a. He advanced from being a forward observer to gunnery sergeant (SGT) for his 81 millimeter (MM) mortar platoon in Korea. He also assumed responsibility for the firing of the recoilless rifle due to a shortage of qualified personnel. b. His company commander advised him in February 1953 that he was recommending him for award of the BSM for meritorious service for fulfillment of his duties. His company commander qualified this by stating he would receive the medal only if he reenlisted. He responded that he would be honored to receive the medal, but he would not reenlist because he was anxious to get on with his life. c. He returned home, raised a fine family, and had a successful career. He has also been active in veterans’ affairs as commander of the Veterans of Foreign Wars in Laguna Beach, CA, as a mentor at the Orange County Veterans Court in Santa Ana, CA and other organizations. He had not given much thought to the BSM until now. d. He states that he is in the last plateau of his life. The awarding of the BSM for his meritorious combat service would make him and his family proud. 3. The applicant provides no additional documents in support of his claim. CONSIDERATION OF EVIDENCE: 1. 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. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's military records are 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 or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was inducted into the Army of the United States and entered active service on 6 June 1951. He served in Korea. He was released from active duty on 27 March 1953. His DD Form 214 does not show award of the BSM. 4. The applicant's reconstructed record includes a DA Form 493 (Separation Qualification Record) which shows he served as a gunnery SGT and a section SGT for an 81MM mortar platoon. 5. His reconstructed record does not include a recommendation or orders for award of the BSM. 6. Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for 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 with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 7. Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 8. The award request with a DA Form 638 (Recommendation for Award) must be submitted through a Member of Congress to the Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified along with the period of assignment and the recommended award. A narrative of the actions for the period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rests with the applicant. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his company commander advised him in February 1953 that he was recommending him for award of the BSM for meritorious service for fulfillment of his duties was carefully reviewed. 2. The available evidence does not include any recommendations or orders for award of the BSM. 3. While the available evidence is insufficient for awarding the applicant the BSM, this in no way affects his right to pursue his claim for the BSM by submitting a written request through his Member of Congress under the provisions of 10 USC 1130. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150004882 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004882 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1