BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160005498 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ _x_______ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160005498 BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation during the Korean Conflict. The applicant and all Americans should be justifiably proud of his service in arms. _________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. BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160005498 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, award of the Bronze Star Medal for his actions on or about 3 October 1951, while serving in the Republic of Korea. 2. The applicant states, in effect, he was assigned to Company D, 8th Engineer Combat Battalion, 1st Cavalry Division, on or about 20 or 21 June 1951, in the Republic of Korea. On 3 October 1951, he and a fellow Soldier were on a special mission removing mines in front of a tank column when they were told to dig in and hold Hill 202. After 13 days they were relieved; he was later told by his new company commander that he was going to receive the Bronze Star Medal. 3. The applicant provides a one-page handwritten statement, a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), and a copy of his DD Form 256A (Honorable Discharge Certificate). 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 to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, when coupled with the documents provided by the applicant, for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States and entered active duty on 18 January 1951. He held military occupational specialty 1729 (Combat Construction Foreman) and attained the rank/grade of sergeant/E-5. 4. The applicant was honorably released from active duty on 31 December 1952. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Korean Service Medal with one bronze service star, the United Nations Medal, and the Army of Occupation Medal (Japan). 5. The applicant's reconstructed record does not contain documentation that shows he was recommended for, or orders that show he was awarded, the Bronze Star Medal. He does not provide orders, a certificate or any other documentation awarding or recommending him for the Bronze Star Medal. 6. The applicant provides a copy of his Honorable Discharge Certificate that shows he was discharged from the Army of the United States on 22 August 1956. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states 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. 2. Title 10 of the U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 3. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. Other than the applicant's personal account, there is no evidence indicating he was recommended for the Bronze Star Medal. The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required. 2. A recommendation to deny relief in this case will in no way affect his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005498 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005498 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2