IN THE CASE OF: BOARD DATE: 11 September 2008 DOCKET NUMBER: AR20080010215 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 military records to show award of the Combat Infantryman Badge and the Korea Defense Service Medal. (He requests, in effect, award of the Republic of Korea War Service Medal). 2. The applicant states, in effect, that he was awarded the Combat Infantryman Badge in Korea while assigned to an infantry line company. The award was not included in his service records. 3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) with the period ending 1 December 1954. 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 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 that the applicant’s records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214. 3. The applicant's DD Form 214 with the period ending 1 June 1954 shows he was inducted and entered active duty on 19 June 1952. He was released from active duty on 1 June 1954. Item 4 (Component and Branch or Class) shows infantry. Item 26 (Foreign and/or Sea Service) shows 1 year, 2 months, and 15 days. Item 27 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, the United Nations Service Medal, and the Korean Service Ribbon with two bronze service stars. Item 28 (Most Significant Duty Assignment) shows Headquarters Company, 25th Infantry Division. 4. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge. 5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. 6. Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 7. Army Regulation 600-8-22 states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953. The service prescribed must have been performed as follows: (1) while on permanent assignment; (2) 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 (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows that the applicant was awarded an infantry MOS and served in an infantryman unit. However, there is insufficient evidence to show he served in active ground combat in Korea and thus insufficient evidence to show he is eligible for the Combat Infantryman Badge. 2. The period of eligibility for award of the Korea Defense Service Medal began on 28 July 1954. Unfortunately, the applicant was released from active duty service on 1 June 1954. Therefore, he is not eligible for award of the Korea Defense Service Medal. 3. The applicant met the eligibility criteria for award of the Republic of Korea War Service Medal. Therefore, his DD Form 214 should be amended to add this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___xx___ __xx____ ___xx___ 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 amending item 27 of his DD Form 214 to add 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 adding the Combat Infantryman Badge and the Korea Defense Service Medal to his DD Form 214. _______ _ xxxx_____ ___ 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) AR20080010215 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080010215 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1