PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            27 January 2000   
	DOCKET NUMBER:    AR1999029349

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright 		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Bronze Star Medal with “V” Device. 

3.  The applicant states that he was recommended for award of the Bronze Star Medal with “V” Device by a now deceased lieutenant colonel (formerly a battalion commander in the 223d Infantry Regiment at the time in question) for actions on 6 November 1952 in Korea.  In support of his application, he submits a letter from the Military Awards Branch, dated 14 April 1999, wherein the Awards Branch denied a request by a Member of Congress for reconsideration of an award of the Bronze Star Medal with “V” Device; the Privacy Act Authorization Sheet for the Member of Congress; the Member of Congress’ response letter dated
3 December 1997; a document titled “Elements Requested to Supplement Award Recommendation”; a transcript of phone comments, dated 13 January 1998, from an eyewitness recalling the applicant’s actions in November 1952; a copy of veteran identification data on the officer whom the applicant contends recommended him for the Bronze Star Medal with “V” Device; and a 23 October 1998 letter with enclosures (terrain diagram and proposed citation for a Bronze Star Medal with “V” Device) from the applicant to the officer whom he contends recommended him for the Bronze Star Medal with “V” Device.   

4.  The applicant’s military records show that he was ordered to active duty on
12 June 1951.  He served as a platoon leader in Korea from 6 May 1952 to
17 February 1953 and was released from active duty in the rank of first lieutenant on 18 February 1953.  

5.  The applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States), which was authenticated in his own hand, does not show the Bronze Star Medal with “V” Device as an authorized award.

6.  There is no evidence in the applicant’s personnel records that he was recommended for or awarded the Bronze Star Medal with “V” Device.  Item 
21 (Awards and Decorations) of the applicant’s DA Form 66 (Officer Qualification Record), which was authenticated in his own hand, does not show entitlement to the Bronze Star Medal with “V” Device.

7.  The applicant’s personnel records contain DA Form 638 (Recommendation for Award - Meritorious Achievement or Service), dated 21 December 1952, which shows the applicant was recommended for award of the Bronze Star Medal by the officer whom he contends recommended him for award of the Bronze Star Medal with “V” Device.  His records also contain General Orders, dated 25 December 1952, which shows the applicant was awarded the Bronze Star Medal for meritorious achievement in Korea for the period 30 October 1952 through 25 December 1952, as the result of the recommendation.  This award is not shown on the applicant’s DD Form 214.   

8.  Army Regulation 600-8-22 (Military Awards) 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.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was recommended for award of the Bronze Star Medal with “V” Device for his actions on 6 November 1952 in Korea.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows he was recommended for or awarded the Bronze Star Medal with “V” Device.   Therefore, he is not entitled to award of the Bronze Star Medal with “V” Device. 

2.  Evidence of record does show the applicant was awarded the Bronze Star Medal for meritorious achievement in Korea for the period 30 October 1952 through 25 December 1952.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Bronze Star Medal.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

INW_____  SK______  EJA____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR1999029349	
SUFFIX		
RECON		
DATE BOARDED	20000127	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19530218	
DISCHARGE AUTHORITY	Section 515 D Off Pers Act 1947 DAMSG 356378 dtd 2 Sep 52 amended by DAMSG 383324 dated 17 Dec 52	
DISCHARGE REASON	Release from active duty	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0014	
2.		
3.		
4.		
5.		
6.