RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 November 2004
      DOCKET NUMBER:  AR2004103966


      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. James C. Hise                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Hubert O. Fry                 |     |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).

2.  The applicant states that the CIB was erroneously omitted from the list
of awards contained on his separation document.

3.  The applicant provides a copy of an Commendation Ribbon with Metal
Pendent, now known as the Army Commendation Medal (ARCOM), Citation and
Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 2 July 1954.  The application submitted in this case is
dated 5 February 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 Service Record (DD Form 230) that documents his active
duty service between 11 July 1952 and 2 July 1954 confirms he served in the
Heavy Mortar Company, 23rd Infantry Regiment, 2nd Infantry Division, in
Korea from
16 June 1953 through 9 June 1954.  The record further shows the applicant
held the military occupational specialty (MOS) 1704 (Mortar Crewman).

4.  The DD Form 230 does confirm the applicant was credited with
participating in the Korea Summer-Fall 1953 campaign and that he earned the
following awards during his active duty tenure:  Korean Service Medal (KSM)
with
1 bronze service star, United Nations Service Medal (UNSM), National
Defense Service Medal (NDSM), Republic of Korea Presidential Unit Citation
(ROKPUC) and Army Good Conduct Medal (AGCM).  The record does not provide
any indication that he personally engaged in ground combat with his unit or
that he was ever recommended for or awarded the CIB.
5.  On 2 July 1954, the applicant was honorably separated after completing
1 year, 11 months and 22 days of active military service.  The DD Form 214
he was issued on the date of his separation confirms he earned the
following awards during his active duty tenure:  KSM with 1 bronze service
star, UNSM, NDSM, ROKPUC and AGCM.  The applicant authenticated this
document with his signature in Item 48 (Signature of Person Being
Separated).

6.  The applicant provides a copy of an ARCOM Certificate and Citation,
that confirm he was awarded the ARCOM, for meritorious service in Korea
from
16 June 1953 through 1 June 1954.  The citation confirms the applicant
performed his duties as an ammunition bearer, instrument corporal and
computer and liaison agent in an exemplary manner.  However, it makes no
reference to his personally engaging in ground combat with his unit.
Further, there are no award documents on file related to service,
achievement or valor awards related to combat action or duty.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 8-6 of the
awards regulation contains the criteria for awarding the CIB. It states, in
pertinent part, that there are basically three requirements for award of
the CIB; the soldier must hold an infantry MOS and be satisfactorily
performing infantry duties; must be assigned to an infantry unit of brigade
or smaller size during such time as the unit is engaged in active ground
combat; and must actively participate in such ground combat.   The Army has
provided guidance designed to clarify the requirement to be engaged in
active ground combat to be eligible for the CIB.  This guidance stipulates
that the fact that a member’s unit engages the enemy or receives battle
participation credit does not entitle the soldier to the CIB.  The
infantryman must have been personally under fire while assigned to the
qualifying infantry unit.

8.  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.  The Department of the Air Force was assigned responsibility
for distribution of the Korean War Service Medal to eligible veterans or
their surviving next of kin.  To apply for the Korean War Service Medal,
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.  A sample request form is provided.  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 claim of entitlement to the CIB and the supporting
ARCOM award documents he provides were carefully considered.  However, by
regulation, in order to support award of the CIB, there must be evidence
confirming the member held an infantry MOS and satisfactorily performed
infantry duties in a qualifying infantry unit of brigade or smaller size
during such time as the unit is engaged in active ground combat; and must
have actively participated in such ground combat.

2.  The evidence of record and independent evidence provided by the
applicant confirms he held an infantry MOS and served in a qualifying
infantry unit; however, it does not provide verification that he was
personally under fire and present with his unit while it was engaged in
active ground combat with enemy forces.  Further, his service record, which
accurately accounts for his service in Korea, makes no reference to his
being recommended for or awarded the CIB.  As a result, it is logical to
presume that had the applicant qualified for the CIB, it would have awarded
and included in his record at the time.

3.  Further, the DD Form 214 issued to the applicant upon his separation on

2 July 1954 did not include the CIB in the list of authorized awards.  The
applicant authenticated this DD Form 214 with his signature, thereby
verifying that the information it contained, to include the list of awards,
was correct at the time the document was prepared and issued.  This further
supports a conclusion that the applicant was not eligible to receive the
CIB.

4.  Records show the applicant should have discovered the alleged error in
his rank now under consideration on 2 July 1954.  Therefore, the time for
him to file a request for correction of any error or injustice expired on 1
July 1957.  However, he 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.

5.  The evidence of record does confirm the applicant was awarded the
Commendation Ribbon with Metal Pendant, now known as the ARCOM.  The
omission of this award from his separation document is an administrative
matter that does not require Board action to correct.  As a result, an
administrative correction of his record will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined in
paragraph 3 of the
BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCH_ _  ___HOF_  ___LE___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, it is requested that
the
CMSD-St. Louis administratively correct his records by adding the Army
Commendation Medal, previously known as the Commendation Ribbon with Metal
Pendant, to the list of authorized awards contained in his 2 July 1954
DD Form 214.




            ____James C. Hise_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004103966                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1954/07/02                              |
|DISCHARGE AUTHORITY     |AR 615-360                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY WITH ADMIN NOTE                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  157                 |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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