BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150006970 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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the U.S.) to show the Bronze Star Medal with "V" Device. 2. The applicant states, in effect: * he served during the Korean War in the 7th Infantry Division; he was awarded the Bronze Star Medal with "V" Device for bravery on 29 September 1950 * after his award ceremony, and while he was on patrol, his medal was stolen from his locker * he was able to find the newspaper article which gave details about his award; he has provided a copy for the Board * he was not able to get a copy of his military service records as they apparently were destroyed in a fire in 1973 * he enlisted in the Army on 31 August 1948 and took basic combat training at Fort Ord, CA; he spent 2 years in Japan and 9 months in Korea * this award was mistakenly omitted from his DD Form 214 * he is now 85 years old and his family, especially his daughter, would like this error corrected 3. The applicant provides: * photo of the applicant dating from when he served on active duty * article from a San Saba, TX newspaper, dated 25 January 1951 * letter from the National Personnel Records Center, dated 25 March 2015 * DD Form 214 for the period ending 2 May 1952 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 complete military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that a portion of the applicant's records were lost or destroyed in that fire. A reconstructed record is available, however, which included a copy of his DD Form 214. This document is will enable to Board to address his request. 3. His DD Form 214 shows enlisted in the Regular Army on 31 August 1948. 4. He was honorably separated on 2 May 1952. His DD Form 214 shows he completed 3 years and 8 months of net creditable active service. a. He was awarded or authorized: * Korean Service Medal * Combat Infantryman Badge * Army of Occupation Medal * United Nations Service Medal * Republic of Korea Presidential Unit Citation b. His military occupational specialty was shown as 4761 (Infantry Reconnaissance Scout). His most significant duty assignment was with Headquarters Company, 32nd Infantry, Army Post Office (APO) Number 7 (shown in historical APO files as being for the 7th Infantry Division). 5. Copies of General Orders (GO) prepared during the Korean War are maintained in microfiche form at the U.S. Army Human Resources Command. A check of their files revealed GO Number 91, dated 25 November 1950, issued by Headquarters, 7th Infantry Division, awarding the applicant the Bronze Star Medal with "V" device for heroic actions on 29 September 1950. 6. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  b. Republic of Korea War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service prescribed must have been performed as follows: (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Bronze Star Medal with "V" device. His DD Form 214 does not reflect this award. A copy of the orders should also be provided to the applicant. 2. It appears he has qualifying service for the National Defense Service Medal and the Republic of Korea War Service Medal. These awards are also not shown his DD Form 214. BOARD VOTE: __X____ ___X_____ ____X__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the following awards: * Bronze Star Medal with "V" Device * National Defense Service Medal * Republic of Korea War Service Medal _______ _ 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) AR20150006970 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006970 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1