RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          1 September 2005
      DOCKET NUMBER:  AR20050000741


      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. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Mr. Richard Dunbar                |     |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 award of the Combat Infantryman Badge.

2.  The applicant states he served with the 24th Infantry Division as an
infantry Soldier during the Korean War, fought at the 38th parallel during
the period May 1951 to February 1952, and received three bronze service
stars in combat.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States) and an Honorable Discharge
Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 January 1954.  The application submitted in this case is
undated; however, the application was received in this office on 18 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.  The applicant enlisted on 23 January 1951 for a period of 3 years.  He
served in Korea and was honorably discharged on 22 January 1954.

5.  Item 4 (Component and Branch or Class) on the applicant's DD Form 214
shows his branch as Armor.  Item 5 (Qualifications/Specialty Number or
Symbol) on his DD Form 214 shows the entry, "NA" [not applicable].  His DD
Form 214 shows the National Defense Service Medal, the United Nations
Service Medal, the Korean Service Medal with three bronze service stars,
the Army of Occupation Medal with Japan Clasp, and the Marksmanship
Qualification Badge with Rifle Bar as authorized awards.

6.  There are no orders for the Combat Infantryman Badge in the available
records.

7.  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.

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.  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.

9.  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 evidence of record does not support the applicant's contention that
he served as an infantry Soldier during the Korean War.  There is no
evidence of record which shows he was an infantryman who served in an
infantry MOS or served in active ground combat while an assigned member of
an infantry unit in Korea.  Therefore, there is insufficient evidence on
which to base award of the Combat Infantryman Badge in this case.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 22 January 1954; therefore, the time for the
applicant to file a request for correction of any error expired on 21
January 1957.  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

SK_____  BE_____  RD______  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.




            ___Stanley Kelley_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000741                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|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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