RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            25 MARCH 2004
      DOCKET NUMBER:   AR2003095227


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Luther L. Santiful            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge.

2.  The applicant states, in effect, he was wounded in combat and should
have been awarded the Combat Infantryman Badge.

3.  The applicant provides no evidence in support of his request beyond a
copy of his separation document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an injustice which occurred
on
11 February 1954.  The application submitted in this case is dated 28 July
2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  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, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant’s separation document indicates that he entered active
duty on
12 February 1951 and served overseas for more than a year where he was
awarded the Korean Service Medal and United Nations Service Medal.

5.  His separation document indicates that he was wounded in action on
23 October 1951 and awarded the Purple Heart.  The Korean War Casualty
Roster, and files maintained by the Office of The Surgeon General, both
confirm that the applicant was an infantryman, assigned to a cavalry
regiment (infantry) at the time he was wounded.  The Korean War Casualty
Roster indicates that the applicant’s specialty at the time he was wounded
was 4745 (light weapons infantryman).




6.  The applicant remained on active duty until 11 February 1954, by which
time he was a member of the artillery branch, assigned to an antiaircraft
artillery battalion, and performing duties in specialty 1824 (mess
steward).

7.  There are basically three requirements for award of the Combat
Infantryman Badge.  The Soldier must be an infantryman, assigned to an
infantry unit during such time as the unit is engaged in active ground
combat, and must have actively participated in such ground combat.

8.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign award to eligible United States
veterans of the Korean War, or their surviving next of kin.  The medal is
provided at no cost to the veterans.  The Department of Defense has
assigned responsibility to the Department of the Air Force for distribution
of the Korean War Service Medal to eligible veterans or their surviving
next of kin.  To apply, veterans must provide a copy of their discharge
paper (Department of Defense Form 214) to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is
being provided to the applicant.  Once the Korean War Service Medal has
been authorized by the Department of the Air Force, the applicant may apply
to the Army Board for Correction of Military Records to add this foreign
award to his separation document.

DISCUSSION AND CONCLUSIONS:

1.  In spite of the fact that the applicant may no longer have held an
infantry specialty, or been assigned to an infantry element at the time of
his discharge in 1954, there is sufficient evidence to conclude that the
applicant was an infantryman, assigned to an infantry unit, at the time he
was wounded in action on 23 October 1951 and as such would have met the
requirements for award of the Combat Infantryman Badge.

2.  His assignment to an infantry element as an infantryman is confirmed in
two different sources available to the Board.  As such, in the interest of
justice and equity, it would be appropriate to award the applicant the
Combat Infantryman Badge.

BOARD VOTE:

__LLS __  __LE  ___  __TEO___  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding him the Combat Infantryman
Badge.




            ___ Luther L. Santiful_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003095227                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040325                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |