RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           2 March 2004
      DOCKET NUMBER:   AR2003091204


      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. Rosa M. Chandler              |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. Arthur A. Omartian            |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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, in essence, that his record be corrected to
show award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in essence, that he was awarded military
occupational specialty (MOS) 1745 (Rifleman) and that he traveled to Korea
on the USS General Hase Troop Ship, arriving in Korea in November 1952.  He
was assigned to Company K, 38th Infantry Regiment, which was commanded by
Captain Pxxx.  He served with the unit 5 months before being wounded in
both his arms and legs during combat operations on 28 February 1953.  He
was treated in a Mobile Army Surgical Hospital in Korea and later flown to
a hospital in Japan where he remained in recovery for approximately 1
month.  On 23 November 1953, he was discharged and transferred to the
United States Army Reserve.  He was awarded the Purple Heart, National
Defense Service Medal, Good Conduct Medal, United Nations Service Medal,
and the Korean War Service Medal with two bronze service stars.  But he was
never awarded the CIB.

3.  The applicant provides a DD Form 214 (Report of Separation for the
Armed Forces of the United States) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice which
occurred on 27 November 1953.  The application submitted in this case was
received on 15 May 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 presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information herein was
limited to the applicant's DD Form 214.  The evidence available shows the
applicant was inducted into the Army of the United States on 27 February
1952.

4.  The applicant's DD Form 214 shows he was honorably separated on
27 November 1953 and that he was awarded the decorations that are shown in
paragraph two.  Item 4 (Component and Branch or Class is annotated "AUS
INF."  Item 5 (Specialty Number or Symbol) is annotated "NA."  Item 28
(Most Significant Duty Assignment) is annotated "K CO 38TH INF REGT,
Korea."  Item 29 (Wounds Received as a Result of Action with Enemy Forces)
is annotated "LWA-SFW-PEN BOTH ARMS AND LEGS 28 FEB 53."

5.  The Korean War Casualty File (TAGOKOR) for the period between
1950-1953 shows the applicant served in military occupational specialty
(MOS) 1745 (Light Weapons Infantry); that he was assigned to the 38th
Infantry Regiment, 2nd Infantry Division; and that he was wounded in action
against a hostile force on 28 February 1953.

6.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the GCMDL, service medals and service ribbons, combat and
special skill badges and tabs, unit decorations, and trophies and similar
devices awarded in recognition of accomplishments.  It provides, in
pertinent part, that the CIB is awarded to soldiers based on compliance
with three requirements.  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.  Specific requirements state,
in effect, that an Army enlisted soldier must be have an infantry
specialty, satisfactorily performed duty while assigned or attached as a
member of an infantry or ranger unit of brigade, regimental, or smaller
size during any period such unit was engaged in active ground combat.  A
recipient must be personally present and under hostile fire while serving
in an assigned infantry or special forces primary duty, in a unit actively
engaged in ground combat with the enemy.

7.  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 US veterans of the
Korean War, or their surviving next of kin.  The medal is provided at no
cost to the veterans.

8.  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 (DD 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 DD Form 214.
DISCUSSION AND CONCLUSIONS:

The available evidence supports that the applicant served in MOS 1745 as an
infantryman and engaged in ground combat against an enemy force while
assigned to an infantry unit.  Therefore, Item 5 on his DD Form 214 should
be corrected to show award of MOS "1745" and Item 27 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) should be corrected to show award of the CIB.

BOARD VOTE:

__fne___  __aao___  __rld___  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 showing the individual was awarded MOS
1745 and the CIB.


                 Fred N. Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003091204                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040302                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0500                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |