RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          30 August 2005
      DOCKET NUMBER:  AR20050000579


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard Hassell               |     |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, a second award of the Combat
Infantryman Badge.  He also requests that orders for the Combat Infantryman
Badge be published for the men of Company C, 23rd Infantry Regiment during
the period August 1950.

2.  The applicant states, in effect, he was assigned to Company C, 23rd
Infantry Regiment of the 2nd Infantry Division during the period July 1949
through September 1950.  He contends that he was captured and wounded while
in combat action against the North Korean Army.

3.  The applicant provides letters, dated 29 November 2000, 3 July 2002,
4 September 2003, 30 October 2003, and 28 June 2004, from the National
Personnel Records Center, St. Louis, Missouri; general orders for the
Combat Infantryman Badge, dated 18 January 1945, awarding members of
Company C, 23rd Infantry Regiment the Combat Infantryman Badge effective 1
September 1950, awarding members of Company C, 23rd Infantry Division the
Combat Infantryman Badge effective 1 September 1950; special orders for the
Combat Infantryman Badge, dated 11 October 1950; special orders for the
Combat Infantryman Badge, dated 17 November 1950; and a copy of a DD Form
214 (Report of Separation from the Armed Forces of the United States) for
the period ending 14 February 1956.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 December 1963.  The application submitted in this case is
dated 5 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 Army Board for Correction of Military Records cannot consider third
party applications.  Therefore, the applicant's request that orders for the
Combat Infantryman Badge be published for the men of Company C, 23rd
Infantry Regiment during the period August 1950 will not be discussed
further in these proceedings.
4.  The applicant was inducted on 12 November 1943.  He served as an
infantryman in the European Theater of Operations and was honorably
discharged on 28 May 1946 for enlistment in the Regular Army.

5.  Item 32 (Battles and Campaigns) on the applicant's WD AGO Form 53-55
(Enlisted Record and Report of Separation) shows he participated in three
battles and campaigns.  His WD AGO Form 53-55 shows the Combat Infantryman
Badge, the Good Conduct Medal, the European-African-Middle Eastern Campaign
Medal, and the World War II Victory Medal as authorized awards.

6.  Letter orders, dated 6 January 1948, show the applicant was awarded the
Bronze Star Medal (based on award of the Combat Infantryman Badge) for
exemplary conduct in ground combat against the armed enemy in the European
Theater of Operations.

7.  The applicant enlisted on 29 May 1946, served in the European Theater
of Operations, and was honorably discharged on 26 April 1949.

8.  The applicant's WD AGO Form 53 (Enlisted Record and Report of
Separation) shows the Army of Occupation Medal and the World War II Victory
Medal as authorized awards.

9.  The applicant reenlisted on 20 December 1949.  His DA Form 24 (Service
Record) shows he was assigned to Company C, 23rd Infantry and he arrived in
Korea on 4 August 1950.  Battle casualty reports show the applicant was
reported missing in action on 1 September 1950 and was held captive as a
prisoner of war.  The Korean War Casualty Roster does not show the
applicant was wounded in action; however, the roster does show the
applicant's military occupational specialty (MOS) at the time of his
capture was 821 (quartermaster supply technician).  A battle casualty
report also shows the applicant was liberated and evacuated to Japan on 1
October 1950.  He returned to duty in the United States in October 1950.
On 14 February 1956, the applicant was honorably discharged for immediate
reenlistment.

10.  Item 5 (Qualifications/Specialty Number and Symbol) on the applicant's
DD Form 214 for the period ending 14 February 1956 shows the entry,
"768.70" [control center technician].  His DD Form 214 shows the Korean
Service Medal with two bronze service stars, the United Nations Service
Medal, the Army of Occupation Medal with Germany Clasp, the National
Defense Service Medal, the Good Conduct Medal (2nd Award), and the Marksman
Marksmanship Qualification Badge with Carbine Bar as authorized awards.

11.  There are no orders for the Combat Infantryman Badge for service in
Korea in the applicant's service personnel records.

12.  The applicant reenlisted on 15 February 1956 for a period of 6 years,
served as a bridge specialist, and was honorably discharged on 14 February
1962 for immediate reenlistment.

13.  The applicant's DD Form 214 for the period ending 14 February 1962
shows the Good Conduct Medal (3rd Award), the Marksman Marksmanship
Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship
Qualification Badge with Carbine Bar as authorized awards.

14.  The applicant reenlisted on 15 February 1962 for a period of 3 years.
He served as a bridge specialist and retired on 31 December 1963 in the
rank of first sergeant.

15.  The applicant's DD Form 214 for the period ending 31 December 1963
shows the Army Commendation Medal and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar as authorized awards.

16.  Army Regulation 600-8-22 (Military Awards) 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.  Specific requirements state, in effect, that an Army enlisted
Soldier must have an infantry or special forces specialty, satisfactorily
performed duty while assigned or attached as a member of an infantry,
ranger or special forces unit of brigade, regimental, or smaller size
during any period such unit was engaged in active ground combat.

17.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation or listed in item 32 of the WD AGO Form 53-55.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Prisoner of War Medal.  The regulation states that the Prisoner of War
Medal was authorized on 8 November 1985 and is awarded to individuals who
in past armed conflicts were taken prisoner or held captive.




19.  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.

20.  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.  Although the applicant was assigned to an infantry company during his
assignment in Korea, the preponderance of evidence in this case shows he
did not have an infantry MOS.  There is no evidence of record which shows
that he was an infantryman who served in an infantry MOS while an assigned
member of an infantry unit in Korea.  Therefore, there is insufficient
evidence on which to base a second award of the Combat Infantryman Badge in
this case.

2.  Letter orders show the applicant received the Bronze Star Medal (based
on award of the Combat Infantryman Badge) for his service during World War
II.

3.  The applicant participated in three campaigns during World War II which
entitles him to award of the European-African-Middle Eastern Campaign Medal
with three bronze service stars.

4.  Evidence of record shows the applicant was a prisoner of war during the
Korean War.  Therefore, he is entitled to award of the Prisoner of War
Medal.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 31 December 1963; therefore, the time for the
applicant to file a request for correction of any error expired on 30
December 1966.  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.

6.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

PS_____  YM______  LH_____  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 errors 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 Bronze Star Medal (based on award of
the Combat Infantryman Badge) for his service during World War II, the
European-African-Middle Eastern





Campaign Medal with three bronze service stars, and the Prisoner of War
Medal on his DD Form 214 for the period ending 31 December 1963.




            ___Paul Smith_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000579                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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