RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 May 2005
      DOCKET NUMBER:  AR20040008028


      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:

|     |Ms. Jennifer L. Prater            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Antonio Uribe                 |     |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, that his record be corrected to
reflect the wounds he received to his left lower leg; and that he be
awarded the Purple Heart (PH) and Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that his record does not reflect the
wounds he received to his left leg, nor does it reflect award of the PH and
CIB.

3.  The applicant provides a copy of his separation document (DD Form 214)
and medical treatment records in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 19 March 1954.  The application submitted in this case is
dated
8 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.  Incorporated herein by reference are military records which were
summarized in a previous case pertaining to the applicant that was
considered by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR1999030322 on 2 March 2000.  This ABCMR review resulted in a
recommendation that the applicant’s record be corrected to reflect the
wounds to his leg and by awarding him the PH.  These corrections were
accomplished in a correction to his separation document (DD Form 215)
published on 28 July 2000. As a result, these issues will not be addressed
further in this Record of Proceedings.  The remaining outstanding issue is
award of the CIB.  This issue will be addressed by the Board in this
decisional document.

4.  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.  This case is being
considered reconstructed records that consist of documents produced as a
result of the prior ABCMR consideration of the applicant’s case and his DD
Form 214.

5.  The applicant’s DD Form 214 shows that he was inducted into the Army
and entered active duty on 12 June 1952.  Item 4 (Component and Branch)
shows his component was Army of the United States (AUS) and that he served
in the Infantry Branch.  The applicant’s specific military occupational
specialty (MOS) is not included in the separation document.  Item 28 (Most
Significant Duty Assignment) confirms that the applicant was assigned to
Company C,
296th Infantry Regiment, while he was serving in combat in Korea.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), as amended by a 28 July 2000
DD Form 215, of the applicant’s DD Form 214 shows that he earned the
following awards during his active duty tenure:  PH, Korean Service Medal
with
2 bronze service stars, United Nations Service Medal and National Defense
Service Medal.  Item 29 (Wounds Received as a Result of Enemy Forces)
confirms he was wounded in action in Korea on 19 February 1953.

7.  On 19 March 1954,the applicant was honorably separated after completing

1 year, 9 months and 8 days of active military service.  The DD Form 214 he
was issued confirms he accrued no lost time and there is no other
derogatory information reflected in the available documents of record.

8.  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 specialty, who have directly participated in
active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.

9.  Chapter 4 of the awards regulation prescribes the policy for award of
the
Army Good Conduct Medal (AGCM).  It states, in pertinent part, that the
AGCM is awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years, except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  In that case, a period of more than 1 year is a qualifying
period.  Although there is no automatic entitlement to the AGCM,
disqualification must be justified.

10.  On 20 August 1999, the Department of Defense approved acceptance and
wear of the Korean War Service Medal (KWSM) to eligible 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 KWSM 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 claim of entitlement to the CIB was carefully
considered and was found to have merit.

2.  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.  The applicant’s DD Form 214 confirms he served in the Infantry Branch
of service, served in a qualifying infantry unit in combat in Korea, and
participated in combat with that unit, as evidenced by the fact he was
wounded in action and received the Purple Heart.  As a result, it is
concluded that the regulatory burden of proof necessary to support award of
the CIB has been satisfied int his case.

4.  Lacking any derogatory information or a formal disqualification from
any of the active duty unit commanders for whom the applicant served, it is
concluded that he completed a period of qualifying honorable service that
entitles him to receive the AGCM.  Therefore, it would also be appropriate
to add this award to his record at this time.
BOARD VOTE:

___BPI__  ___AU __  ___JLP__  GRANT RELIEF

________  ________  ________  GRANT PARTIAL 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 and Army Good Conduct Medal; and by providing him a corrected
separation document that reflects these changes.




            ____Jennifer L. Prater_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008028                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1954/03/19                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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