Author: CoopeWL

ABCMR Proceedings (cont)                                                        AR1999033350

PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           26 April 2000                   
	DOCKET NUMBER:   AR1999033350

	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.  

| Mrs. Nancy Amos | | Analyst

  The following members, a quorum, were present:

| Mr. Stanley Kelley | | Chairperson
| Ms. Karol A. Kennedy | | Member
| Mr. Curtis L. Greenway | | 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 that the records of her deceased spouse, a former service member (FSM), be corrected to show he separated as a corporal.  She also asks that his headstone be corrected to read “corporal” and to add “Bronze Star.”

3.  The applicant states she and the FSM first tried 46 years ago to get his records corrected.  She does not accept the Army’s contention that the FSM was only a Private First Class (PFC).  She states that the Purple Heart was listed on his headstone but not the “bronze stars.”  Other headstones in the cemetery list bronze stars.  Why not his?  She provides a combat pay certificate as supporting evidence.

4.  The FSM’s military records were lost or destroyed in the National Personnel Records Center fire in 1973.  The information contained herein was obtained from alternate sources.

5.  The FSM was inducted into the Army on 25 September 1951.  He served in Korea where he was awarded the Combat Medical Badge, the Purple Heart, the United Nations Service Medal and the Korean Service Medal with two bronze service stars.  There is no evidence of record to show he was awarded the Bronze Star Medal.  He was released from active duty on 24 June 1953.  His   DD Form 214, Report of Separation, item 3 shows his rank and date of appointment as PFC (temporary) 22 March 1952.  His separation orders show his rank as PFC.

6.  The applicant provides a letter from Medical Company, 32d Infantry, dated     16 February 1953, subject:  Combat Pay Certificate which shows the FSM’s rank as corporal and that he was authorized combat pay from 1 – 15 February 1953.

7.  The FSM died on 4 May 1996.

8.  Army Regulation 600-8-22 provides that the Bronze Star Medal is awarded to any person who distinguished himself by heroic or meritorious achievement or service in connection with military operations against an armed enemy.  Awards may be made for acts of heroism (valor), performed under circumstances described above, which are of lesser degree than required for the award of the Silver Star.  It may also be awarded for meritorious achievement or meritorious service when the acts of merit or service is of a lesser degree than that required for the award of the Legion of Merit.  Bronze service stars are worn on campaign and service ribbons to denote the additional award of the medal or participation in a campaign.

9.  The Department of Veterans Affairs pamphlet “Federal Benefits for Veterans and Dependents,” 1998 edition, states that the VA has jurisdiction over national cemeteries (except for Arlington National Cemetery and two administered by the Department of the Interior).  The VA provides headstones and markers.  They may be inscribed with optional items such as military grade or rank and text indicating valor awards.

CONCLUSIONS:

1.  There is no evidence of record to show that the FSM was awarded the Bronze Star Medal and the applicant has provided no such evidence.  The Board concludes the applicant is referring to the bronze service stars listed on the FSM’s DD Form 214.  These “bronze stars” are not valor awards as referred to in the VA pamphlet; they are merely small bronze stars worn on the Korean Service Medal to indicate the FSM participated in two campaigns while in Korea.

2.  While the evidence of record shows that the FSM held the rank of PFC at the time of his separation, the Board accepts the applicant’s evidence that at one time the FSM was considered to be a corporal.  Whether it was a permanent promotion to corporal, or a temporary promotion, or only an acting appointment cannot be determined.  However, the Board concludes that as a matter of equity and as an exception to policy the FSM’s records should be corrected to show he held the rank of corporal (temporary), with a date of rank of 1 February 1953 at the time of his separation.

3.  The Fort Snelling National Cemetery and related issues (such as headstones) falls under the jurisdiction of the Department of Veterans Affairs.  As such, that agency should be contacted for any required correction to the FSM’s headstone.

4.  In view of the foregoing, it would be in the interest of justice to correct the FSM’s records as recommended below.

RECOMMENDATION:

1.  That the DD Form 214, item 3, pertaining to the FSM be corrected to read “CPL (T) 1 Feb 53.” 

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

BOARD VOTE:  

__sk____  __kak___  __clg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Stanley Kelley
		______________________
		        CHAIRPERSON

INDEX

CASE ID | AR1999033350
SUFFIX |
RECON |
DATE BOARDED | 20000426
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | (GRANT)
REVIEW AUTHORITY |
ISSUES         1. | 131.00
2. |
3. |
4. |
5. |
6. |