RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 SEPTEMBER 2005
      DOCKET NUMBER:   AR20040011585


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |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 that the most significant duty assignment listed
in block 28 of his report of separation (DD Form 214) be corrected to
reflect his assignment with the 40th Recon Company as an infantryman in
Korea and that he be awarded the Combat Infantryman Badge (CIB).

2.  The applicant states that his DD Form 214 incorrectly lists his most
significant duty assignment as a tanker with Tank Company, 15th Infantry at
Fort Benning, Georgia, when in fact it was as an infantryman with the 40th
Recon Company in Korea.  He goes on to state that while serving as an
infantryman in Korea he experienced several life and death situations
because his company was stationed forward of the division and was required
to perform patrols and to scout in areas he believed to be mined and booby
trapped.  He continues by stating that he manned listening posts on the
front lines and believes that he should have been awarded the CIB.  He also
states that he was awarded a Letter of Appreciation from the Korean
Government.

3.  The applicant provides a copy of his DD Form 214 with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 September 1955.  The application submitted in this case is
dated 5 December 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 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.  He was born on 14 November 1932 and enlisted in Manchester, New
Hampshire, on 29 September 1952 for a period of 3 years.  He was initially
transferred to Fort Devens, Massachusetts, where he remained until 13
October 1952, when he was transferred to Fort Dix, New Jersey to undergo
his training as an infantryman.

5.  He successfully completed his training and was transferred to Japan on
28 April 1953.  He remained in Japan until 15 June 1953, when he departed
for Pusan, Korea.  He arrived in Korea on 16 June 1953 and on 22 June 1953,
he was assigned to the 40th Cavalry Reconnaissance Troop of the 40th
Infantry Division for duty initially as a rifleman and subsequently was
assigned as a cannoneer.  On 1 May 1954, he was reassigned to Company C,
140th Tank Battalion for duty as a tank gunner and was promoted to the rank
of sergeant on 15 May 1954.  He was subsequently reassigned to the Tank
Company, 21st Infantry Regiment, 24th Infantry Division.

6.  He departed Inchon, Korea on 6 August 1954 and arrived at Seattle,
Washington, where he was subsequently transferred to Camp Kilmer, New
Jersey, for reassignment to Fort Benning, Georgia.

7.  Upon arrival at Fort Benning, he was assigned to Tank Company, 136th
Infantry Regiment and on 2 December 1954, he was reassigned to Tank
Company, 15th Infantry Regiment for duty on the Tank Gunner Committee
Group.

8.  On 28 September 1955, he was honorably released from active duty
(REFRAD) on the expiration of his term of service (ETS).  He had served 3
years of total active service and was awarded the Korean Service Medal with
one bronze service star, the National Defense Service Medal, the Good
Conduct Medal and the United Nations Service Medal.

9.  Army Regulation 600-8-22 provides the criteria for award of the Combat
Infantryman Badge (CIB).  It states, in pertinent part, that to be eligible
for the CIB, an individual must be an infantryman with an infantry military
occupational specialty (MOS) and must perform duty as an infantryman, as a
member of an infantry unit of brigade or smaller size, during any period in
which that unit was engaged in ground combat.  Battle participation credit
alone is not sufficient.  That regulation also provides that the CIB is
only authorized for service in Korea for the period of 27 June 1950 to 27
July 1953 (Korean Conflict) and subsequent to 4 January 1969, if serving in
a hostile fire area at least 60 days, while authorized hostile fire pay,
been engaged with the enemy or in active ground combat involving an
exchange of small arms fire at least five times and has been personally
recommended by each commander in the chain of command and approved at
Division level.

10.  Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit
Register-Korean Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Korean Conflict.  That regulation shows
that the applicant's unit was awarded the Republic of Korea Presidential
Unit Citation (ROKPUC) during the period he was assigned to the unit.

11.  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 Korea
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 service award to eligible US Veterans
of the Korean War, or their surviving next of kin.  The medal is provided
at no cost to veterans.

12.  The Department of Defense 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 submit 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 with his copy of these proceedings.  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 contention that his most significant duty assignment
was as an infantryman with the 40th Cavalry Reconnaissance Troop in Korea
appears to have merit.  He was assigned to that unit for 6 months and that
was the longest he was assigned to a single unit in Korea.  Inasmuch as it
was during a time of conflict, it appears that it was his most significant
duty assignment and as such, it should be recorded on his DD Form 214 in
block 28.

2.  The applicant’s contention that he should have been awarded the CIB for
his duty in Korea has been noted.  However, the evidence of record does not
contain sufficient evidence to show that he engaged the enemy in ground
combat while assigned to the 40th Cavalry Reconnaissance Troop.  Therefore,
lacking evidence to satisfy the regulatory requirement for award of the
CIB, there appears to be no basis to do so at this time.

3.  However, the evidence of record does establish that his unit was
awarded the ROKPUC subsequent to his departure from Korea and he is
therefore entitled to be awarded the ROKPUC at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SP __  ___RD __  ___JM___  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 ROKPUC
and by showing that his most significant duty assignment was as an
infantryman with the 40th Cavalry Reconnaissance Troop, 40th Infantry
Division in Korea instead of a tanker with Tank Company, 15th Infantry
Regiment at Fort Benning, Georgia, as currently reflected in item 28 on his
DD Form 214.

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 CIB.




            _____Shirley Powell_________________
                    CHAIRPERSON



INDEX

|CASE ID                 |AR20040011585                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |1955/09/28                              |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(PARTIAL GRANT )                        |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |157/CIB                                 |
|1.107.0111              |                                        |
|2.107.0092              |138/ROKPUC                              |
|3.110.0000              |189/CORR 214                            |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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