RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 November 2005
      DOCKET NUMBER:  AR20050000564


      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:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John E. Denning               |     |Member               |
|     |Ms. Jeanette R. 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 his award of the Combat Infantryman Badge
(CIB) be added to his report of separation (DD Form 214).

2.  The applicant states, in effect, that he was given a CIB and a Korean
Service Medal with one bronze service star when he departed the ship in
Washington State and that the CIB was not recorded on his DD Form 214 at
the time of his separation.  He goes on to state that he was an infantryman
assigned to a combat area during his tour in Korea.  He continues by
stating that he was originally drafted and took infantry basic training at
Camp Maxie, Texas, and was sent overseas to the Philippines as an infantry
replacement.  The war was over and he was not needed as an infantryman so
he was assigned to a hospital unit that was transferred to Japan.  In the
process of transferring the unit he sustained a grenade fragmentation wound
and was almost cut in half by a breaking cable.  He reenlisted for a 3-year
hitch in the Air Force in hopes of being trained in instrument repair, but
was assigned to a film library instead.  He continues by stating that his
military occupational specialty (MOS) was not to his liking and he was
assigned to Guam, where he remained until his discharge.  He further states
that he made the mistake of signing up for the Reserve Infantry at the time
of his discharge and was recalled to active duty in 1950 when the Korean
War broke out and was sent overseas as an infantry replacement.  He was
assigned to a special unit that worked out of Eighth Army Headquarters and
traveled all over Korea visiting units.  He also spent some time in the
hospital as a patient.  He also states that many times he was in areas
where gunfire was going on close by and when he returned to the States he
was given his CIB and the Korean Service Medal with one bronze service
star.

3.  The applicant provides a copy of his DD Form 214 and a self-authored
letter explaining his service and the reasons for his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 July 1951.  The application submitted in this case is dated
29 December 2004 and was received on 10 January 2005.

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 inducted in March 1945 and served 8 months and 24 days of active
service before he was honorably discharged in Japan on 12 December 1945 for
the purpose of immediate reenlistment.

5.  He enlisted in the Air Force on 13 December 1945 for a period of 3
years and was transferred back to the United States and was awarded the MOS
of a Motion Picture Projectionist.  He was promoted to the rank of sergeant
(grade 4) on 31 January 1947 and was transferred to the Asiatic-Pacific
Theater (APT) of Operations on 23 April 1947 and remained there until he
was returned to the United States on 31 August 1948.

6.  On 21 September 1948, he was honorably discharged at Camp Stoneman,
California.  He had served 3 years, 6 months, and 3 days of total active
service and his WD AGO Form 214 shows that at the time of his discharge he
enlisted in the Enlisted Reserve Corps as an infantryman.  It also shows he
was awarded the World War II (WWII) Victory Medal and the Expert
Infantryman Badge (EIB).

7.  On 21 September 1950, he was ordered to active duty at Fort Hood, Texas
in the rank of corporal.  He served 7 months and 23 days of overseas
service and was awarded the Army of Occupation Medal with Japan clasp and
the Korean Service Ribbon.  He was assigned to the 10th Special Services
Company and was awarded the MOS of 4137 (film librarian).

8.  He was honorably discharged at Camp Carson, Colorado, on 19 July 1951
and had served 10 months and 2 days of active service during his recall to
active duty.  He also signed his DD Form 214 at the time of his discharge.

9.  On 30 November 2000, the National Personnel Records Center authorized
the issuance of awards to the applicant which included the Bronze Star
Medal (BSM), the Good Conduct Medal (GCMDL), the National Defense Service
Medal
(NDSM), the American Campaign Medal (ACM), and the United Nations Service
Medal (UNSM).  However, there is no indication that those awards were ever
added to his DD Form 214.

10.  Army Regulation 600-8-22 establishes the criteria for award of the
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.

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 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 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.  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.  The applicant’s contention that he was an infantryman assigned to a
combat zone in Korea has been noted.  However, the available evidence
indicates that he served in a non-infantry MOS and was assigned to a
Special Services Company while in Korea.

2.  The applicable regulation regarding the authorization for award of the
CIB specifically requires that an individual must be an infantryman
assigned to an infantry unit that has engaged the enemy in combat.
Additionally, there is no
evidence to show that he was ever awarded the CIB.  Lacking evidence to
establish that such occurred in the applicant’s case, there appears to be
no basis to award him the CIB at this time or to add it to his records.

3.  However, the evidence of record does establish that the applicant was
issued the BSM, the GCMDL, the NDSM, the ACM, and the UNSM and those awards
should be added to his records at this time.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 July 1951; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 18 July 1954.  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

________  ________  ________  GRANT PARTIAL RELIEF


________  ________  ________  GRANT FORMAL HEARING

__le____  __jed___  __jrm___  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 administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show he was awarded the BSM, the GCMDL, the NDSM, the ACM, and
the UNSM.



                 Lester Echols
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000564                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY W/NOTE)                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |157/CIB                                 |
|1.107.0111              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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