IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005733 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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was awarded the Bronze Star Medal with "V" Device and any other awards to which he is entitled. 2. The applicant states his DD Form 214 does not show he was awarded the Bronze Star with "V" Device; however, orders issued by Headquarters, 7th Infantry Division, show he was awarded the Bronze Star Medal in combat. 3. The applicant provides: * 2 letters * a screen shot (image capture) from a veterans information database * General Orders Number 637, issued by Headquarters, 7th Infantry Division * DD Form 214 * Bronze Star Medal Citation COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel requests correction of the applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the applicant was awarded the Bronze Star Medal with "V" Device and any other awards to which he is entitled. 2. Counsel states the applicant's DD Form 214 does not show the Bronze Star Medal with "V" Device was awarded; however, orders issued by Headquarters, 7th Infantry Division, show he was awarded the Bronze Star Medal in combat. 3. Counsel provides documents as listed above. 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 the applicant's records were lost or destroyed in that fire. However, there appears to be sufficient documentation remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered into active service on 17 November 1952 at Corpus Christi, Texas. The form shows at the time of his separation, he held military occupational specialty 1795 (Tank Leader). 4. The applicant provides: a. General Orders Number 637, issued by Headquarters, 7th Infantry Division, dated September 1953, which show he was awarded the Bronze Star Medal for meritorious achievement in connection with military operations against an enemy of the United States while assigned to Tank Company, 32nd Infantry Regiment, for the period 10 July through 11 July 1953. b. A Bronze Star Medal Citation that states, "During this period of combat action, [the applicant] performed his duties as an Armored Personnel Carrier Driver in an exemplary manner. Moving through an intense artillery, mortar, and small-arms barrage, [the applicant] volunteered to drive a personnel carrier in support of friendly troops during a friendly counterattack against strategic enemy-held positions. [The applicant] made numerous trips carrying the wounded from the impact area and returning with supplies for the friendly forces. [The applicant] continued this process until the mission was completed and all friendly troops were evacuated from the outpost. The meritorious achievement of [the applicant] reflects great credit on himself and the military service." 5. His DD Form 214 further shows he completed 1 year, 9 months, and 24 days of creditable active service, of which 1 year, 2 months, and 21 days were foreign service. He was honorably released from active duty in the rank of private first class on 10 September 1954, and transferred to the U.S. Army Reserve Armored, Texas Military District. 6. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * United Nations Service Medal * Korean Service Medal with one bronze service star * Combat Infantryman Badge * Bronze Star Medal * Army Good Conduct Medal 7. Army Regulation 600-8-22 (Military Awards) states: a. The 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 1954. The service prescribed must have been performed while on permanent assignment; 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 while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. b. The Bronze Star Medal 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. c. The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show he was awarded the Bronze Star Medal with "V" Device and any other awards he is entitled has been carefully examined. 2. The available evidence clearly shows he was awarded the Bronze Star Medal for meritorious achievement and not for an act (or acts) of heroism. The information in the citation he provides supports the approval authority's decision to award him the Bronze Star Medal for meritorious achievement. In the absence of evidence of an error, there is no basis for amending this award. 3. With respect to the Republic of Korea War Service Medal, his DD Form 214 shows he completed 1 year, 2 months, and 21 days of foreign service and he was awarded the Korean Service Medal with one bronze service star. It is reasonable to presume he completed a sufficient period of foreign service in Korea which would make him eligible for this award. Therefore, it would be appropriate to correct his records to show he was awarded or authorized the Republic of Korea War Service Medal. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Republic of Korea War Service Medal. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting the applicant's DD Form 214 to show he was awarded the "V" Device for wear on his previously-awarded Bronze Star 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) AR20150005733 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005733 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1