MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            10 May 2000
	DOCKET NUMBER:   AR1999032016

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern III 		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:  That he be awarded the Bronze Star Medal (BSM).

APPLICANT STATES:  That he should be awarded the BSM based on his having been awarded the Combat Infantryman Badge (CIB).  In support of his application he submits a copy of his report of separation (DD Form 214).

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel records center at St. Louis, Missouri.  However, the DD Form 214 provided by the applicant shows:

After serving 1 year and 25 days, he reenlisted on 9 January 1951 for a period of 3 years.  He attained the rank of sergeant first class (SFC) on 19 October 1953, and he served in Japan and Korea for 1 year, 2 months, and 7 days.

On 8 January 1954 he was honorably discharged due to the expiration of his term of service (ETS).  He had served 4 years and 25 days of total service for pay and was awarded the CIB, the Korean Service Medal with two bronze service stars, the United Nations Service Medal, the Army Occupation Medal (Japan), the National Defense Service Medal, and the Good Conduct Medal.

Army Regulation 600-8-22 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 (CIB) 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 (WWII).  Subsequent to WWII, awards of the BSM were made by individual recommendations for heroism and or for meritorious achievement that were submitted within 2 years of the individual act or achievement and were approved by the appropriate authority.

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.  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 the aforementioned requirement.

2.  The provision of the regulation which provided for the award of the BSM to individuals who were awarded the CIB applied only to ground combat service during WWII during the period of 1941 to 1945.  The applicant served during the period of 1951 to 1954; therefore, he is clearly not eligible for award of the CIB under the provisions he has cited. 

3.  In the absence of evidence to the contrary, it must be presumed that he was not recommended or approved for award of the BSM either during or subsequent to his service in Korea.  Accordingly, there is no basis for the Board to award him the BSM at this time.

4.  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

__tbr ___  __gp____  ___mkp__  DENY APPLICATION

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

INDEX

CASE ID	AR1999032016	
SUFFIX		
RECON		
DATE BOARDED	2000/05/10	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  60	107.0014/BSM	
2.		
3.		
4.		
5.		
6.