RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           28 April 2005
      DOCKET NUMBER:  AR20040007091


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Mr. Peter B. Fisher               |     |Member               |

      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 effect, award of the Combat Infantryman
Badge (CIB) and Army of Occupational Medal with Japan Clasp.

2.  The applicant states, in effect, that he served in Company C, 7th
Cavalry Regiment, 1st Cavalry Division in Korea from April through December
1951 and that based on this combat service, he is entitled to the CIB.

3.  The applicant provides a letter of support from his unit commander in
Korea in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 26 October 1953.  The application submitted in this case
was received on 23 July 2004.

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 limitations 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 (NPRC) 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.  This case is
being considered using reconstructed records, which primarily consist of
the applicant’s separation document (DD Form 214).

4.  The applicant’s DD Form 214 confirms he entered active duty on 26
October 1950.  Item 4 (Component and Branch) confirms he was a member of
the Infantry branch of service.  Item 5 (Qualifications) shows that he held
the military occupational specialty 1745 (Light Weapons Infantryman).
Item 26 (Foreign and/or Sea Service) confirms that he served overseas for 1
year and 14 days.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that during his active duty tenure, he earned the National Defense
Service Medal.

6.  A DA Form 1577 (Authorization for Issuance of Awards) on file confirms
that on 29 May 1990, the Army Reserve Personnel Center (ARPERCEN), St.
Louis, Missouri, issued the applicant the Army Good Conduct Medal, National
Defense Service Medal, Korean Service Medal and United Nations Service
Medal.  This document also confirmed the applicant’s entitlement to the
Republic of Korea Presidential Unit Citation.

7.  On 1 June 1990, ARPERCEN published a correction (DD Form 215) to the
applicant’s DD Form 214.  It added the following awards to Item 27:  Army
Good Conduct Medal, Korean Service Medal, United Nations Service Medal and
Republic of Korea Presidential Unit Citation.

8.  A retired Army colonel, who was a captain during the Korean War,
provided a statement, dated 30 September 2003, in support of the
applicant’s request for the CIB.  This officer confirms he was the
applicant’s company commander in Korea, while both were members of Company
C, 7th Cavalry Regiment, 1st Cavalry Division.  He further states that some
of the unit’s fiercest engagements took place between April and September
1951, during the applicant’s tenure of assignment with the unit.  He
further states that he can vouch for the fact that the applicant served the
requisite period of time in direct combat with the enemy to qualify to be
awarded the CIB.

9.  In a subsequent letter, dated 20 July 2004, the same retired colonel
reiterates his support for the applicant’s request.  He states that as an
infantry officer, the CIB is more important to him than the Silver Star,
two Bronze Star Medals with V Device and Purple Heart he received during
the Korean War.  He further explains that he is unable to produce a solid
piece of paper that supports his earlier letter. However, he was the
applicant’s company commander in Korea and he participated in all the
campaigns described in the September 2003 letter.  He also states that the
applicant is one of 17 former troopers with whom he keeps in touch.  He
concludes by requesting favorable consideration be given to the applicant’s
request.
10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 8 contains
guidance on award of combat badges.  It states, in pertinent part, that the
CIB is awarded to infantry officers, enlisted, and warrant officer
personnel who have an infantry MOS, who have directly participated in
active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.

11.  On 20 August 1999, the Department of Defense approved acceptance and
wear of the Korean War Service Medal (KWSM) to eligible US veterans of the
Korean War, or their surviving next of kin.  Responsibility for
distribution of the KWSM was given to the Department of the Air Force.  In
order to apply, the applicant should submit a copy of his 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.  Once the Korean War Service Medal has been authorized by the
Department of the Air Force, the applicant may apply to this Board to add
this foreign award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for the Army of Occupation Medal with Japan
Clasp, which he made in his initial application to the Board was carefully
considered.  However, there are insufficient records documenting his
service in Japan.  As a result, there is an insufficient evidentiary basis
to support granting this requested relief.

2.  The applicant’s claim of entitlement to the CIB and the supporting
evidence he provided on this issue were also carefully considered.  By
regulation, in order to support award of the CIB, there must be evidence to
show that while holding an infantry specialty, a member actively
participated in ground combat with a qualifying infantry unit of brigade,
regimental or smaller size while assigned or attached to that unit.

3.  Although his record were likely destroyed in a 1973 fire at the NPRC,
the applicant’s DD Form 214 confirms he served in the Infantry branch of
service and held the infantry MOS.  It also verifies that he served in
combat in Korea, as evidenced by entries in Item 26 and Item 27.  The only
criteria not confirmed by the DD Form 214 is his actual participation in
combat with his unit.  However, the statement from the retired colonel, who
was the applicant’s company commander in Korea, confirms he served in and
actively participation in ground combat with his qualifying infantry unit
in Korea and attests to the applicant’s eligibility for the CIB.

4.  As the applicant’s company commander in Korea, this now retired senior
officer would likely have been the official responsible to verify the
applicant’s qualification and eligibility for this award for the
appropriate CIB approval authority.  This includes confirmation that the
applicant participated in active ground combat with his qualifying infantry
unit.  As a result, this supporting statement is found to be very credible.
 Therefore, it is concluded that there is sufficient evidence to satisfy
the regulatory burden of proof necessary to support award of the CIB in
this case.  Thus, it would serve the interest of equity and justice to
grant the requested relief.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___PBF _  ___REB _  __JI____  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 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; and by providing him a corrected separation document
that includes this award.

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
award of the Army of Occupational Medal with Japan Clasp.




            ____John Infante_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040007091                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1953/10/26                              |
|DISCHARGE AUTHORITY     |AR 615-360                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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