RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 June 2005
      DOCKET NUMBER:  AR20040009480


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Hubert O. Fry Jr.             |     |Member               |
|     |Ms. Linda D. Simmons              |     |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 correction of his records to show awards of the
Combat Infantryman Badge, the Parachutist Badge, and the Republic of Korea
Presidential Unit Citation.

2.  The applicant states, in effect, that he served with the 82nd Airborne
Division from August 1950 until the spring of 1952.  He states that he then
served with the 25th Infantry Division from the spring of 1952 until he was
wounded on 27 December 1952.

3.  The applicant further states that he was treated for his wounds in
Japan and afterwards was assigned to Headquarters Company, 2nd Logistics
Command and later discharged from the Army in 1953.

4.  The applicant provides a DD Form 214 (Report of Separation from the
Armed Forces of the United States); an Armed Forces of the United States of
America, Honorable Discharge Certificate, dated 11 August 1953; a DA Form
1577 (Authorization for Issuance of Awards), dated 20 March 1991; a one
page list with the applicant's name and list of awards; a Certificate of
Military Proficiency, date 28 May 1952; a Company B, 505th Airborne
Infantry Regiment, Fort Bragg, North Carolina, Thanksgiving Menu with the
applicant's name, dated 22 November 1951; and four photographs purportedly
of the applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on
11 August 1953.  The application submitted in this case is dated 25 October
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 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.

4.  The applicant's DD Form 214 shows he entered active duty on 3 August
1950. He served in Korea for a period of 9 months and 19 days and item 28
shows his most significant duty assignment was with Headquarters Company,
2nd Logistics Command.

5.  Item 27 (Decorations, Medals, Commendations, Citations and Campaign
Ribbons or Authorized) shows he was awarded the  Korean Service Medal with
three bronze service stars, the Purple Heart, the National Defense Service
Medal, the United Nations Service Medal, and the Combat Infantryman Badge
"Not Verified."

6.  There are no orders in the applicant's service personnel records
awarding him the Combat Infantryman Badge.

7.  The applicant's name appears on the Korean Casualty Roster.  On 24 May
2005, the United States Army Human Resources Command (USAHRC) Casualty
Branch verified that he was serving in an infantry MOS and was assigned to
the 35th Infantry Regiment of the 25th Infantry Division on the date of his
injury.

8.  There are no orders in the applicant's service personnel records
awarding him the Parachutist Badge.

9.  The applicant submitted four photos purportedly of himself.  Photo 1
shows him in khaki uniform with 82nd Airborne Division patch on the left
shoulder sitting at a table with a friend; photo 2 shows him in class A
uniform with airborne insignia on his cap and a Parachutist Badge on his
uniform; photo 3 shows him in the middle of four other Soldiers all holding
parachute equipment; and photo 4 shows him standing next to a fellow
Soldier holding parachute equipment.

10.  The applicant submitted a Thanksgiving Menu from Company B, 505th
Airborne Infantry Regiment, Fort Bragg, North Carolina, dated 22 November
1951.  The applicant's name is listed as assigned to the unit for
Thanksgiving dinner.

11.  The applicant submitted a Headquarters, 82nd Airborne Division,
Certificate of Proficiency, dated 28 May 1952.  The document shows the
applicant was awarded a certificate for meritorious service during
"Exercise Long Horn."

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Korea.  This document shows that, at the time of the applicant’s
assignment to the 35th Infantry Regiment of the 25th Infantry Division, it
was awarded the Republic of Korea Presidential Unit Citation for the period
16 September 1950 through 26 October 1953 based on Headquarters, Department
of the Army General Orders Number 10, dated 1954.

13.  Department of the Army Pamphlet 672-1 shows that, at the time of the
applicant’s assignment to Headquarters Company, 2nd Logistical Command, it
was awarded the Republic of Republic of Korea Presidential Unit Citation
for the period 1 August 1952 through 30 September 1953 based on
Headquarters, Department of the Army General Orders Number 23, dated 1954.

14.  Army Regulation 600-8-22 (Military Award) 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.

15.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the basic Parachutist Badge.  Award of the basic Parachutist
Badge requires that an individual must have satisfactorily completed the
prescribed proficiency tests while assigned or attached to an airborne unit
or the Airborne Department of the Infantry School, or have participated in
at least one combat parachute jump.  Paragraph 1-30c(2)(a) provides that
any parachutist badge may be revoked when the awardee is punished under the
Uniform Code of Military Justice for refusal to participate in a parachute
jump.  Paragraph 1-30c(2)(b) provides that any parachutist badge may be
revoked when the awardee initiates action which results in termination of
airborne status before he or she completes 36 cumulative months of airborne
duty.  Any parachutist badge will be retained if the Soldier is unable to
complete 36 cumulative months of airborne duty through no fault of his or
her own, for example, injury or reassignment under favorable conditions.

16.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  It provides a brief, clear-cut record of
active Army service at the time of release from active duty, retirement or
discharge.

17.  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.  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 of all services.  To apply, veterans must
provide a copy of their discharge paper to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, TX 78150-4714.  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:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Combat Infantryman Badge.  However, USAHRC,
Casualty Branch verified that the applicant was wounded on 27 December 1952
while serving as an infantryman in an infantry unit while engaged with
enemy forces.

2.  The Board accepts the verification from USAHRC as sufficient to show
the applicant is eligible for award of the Combat Infantryman Badge.

3.  The applicant provided photos purportedly of himself wearing the
Parachutist Badge with airborne insignia and equipment in addition to a
Thanksgiving Menu from Company B, 505th Airborne Infantry Regiment with his
name on it.  The certificate of proficiency he provides does not indicate
what he was proficient at.

4.  This evidence alone is insufficient on which to show he was awarded the
Parachutist Badge or, more specifically, that he was eligible to wear it at
the time he separated.  He provided no evidence, such as letters of support
from his last chain of command or the Soldiers who knew him, to show he was
parachute qualified at the time he separated or was parachute-qualified
earlier but was unable to stay on airborne duty thru no fault of his own.

5.  The applicant was assigned to two units during a period of time these
units were awarded the Republic of Korea Presidential Unit Citation.
Therefore, his DD Form 214 should be amended to add these unit awards.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 August 1953.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 August 1956.  However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ JS ___  __ HOF _  __ LDS _  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 amending his DD Form
214 to show award of the Combat Infantryman Badge and two awards of the
Republic of Korea Presidential Unit Citation.

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
correction of his records to show award of the Parachutist Badge.




                                  ___ Mr. John Slone ____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040009480                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |14 June 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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