RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20050002427


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |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, that he wants all his medals listed
on his DD Form 214, Report of Separation from the Armed Forces of the
United States. He also wants his DD Form 214 to be corrected to show that
he was released from active duty in the rank of Technical Sergeant.

2.  The applicant makes no statement beyond what he requested in his
application to the Board.

3.  In support of his request, the applicant submitted a copy of his DD
Form 214 and a letter he received from the National Personnel Records
Center in response to an inquiry he submitted to that organization.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice,
which occurred on 8 September 1955.  The application submitted in this
case is dated 3 February 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 show that he was inducted into the
Army of the United States, in Indianapolis, Indiana, on 12 November 1953.
 He successfully completed basic combat and advanced individual training
at Fort Riley, Kansas.  On completion of his training, he was awarded the
military occupational specialty 1745, Light Weapons Infantryman.  The
applicant's MOS was converted to MOS 111.80 on 27 March 1954.

4.  The applicant was honorably released from active duty and transferred
to the US Army Reserve (USAR) in the rank of Sergeant on 8 September 1955,
in accordance with Service Regulation (SR) 615-360-5 and Army Regulation
(AR) 635-250, early release from active duty to attend school.  On the
date of his release from active duty, the applicant had completed 1 year,
and 9 months, and 27 days active military service.

5.  Item 28 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) shows he was awarded:  the
National Defense Service Medal, the Korean Service Medal, the United
Nations Service Medal, and the Expert Infantryman Badge.

6.  Section 9 (Medals, Decorations, and Citations), of the applicant's DA
Form 24, shows the applicant was awarded the National Defense Service
Medal, the United Nations Service Medal, the Korean Service Medal, and
the Expert Infantryman Badge, while he served on active duty.

7.  On 17 December 2001, the applicant prepared an inquiry on a Standard
Form (SF) 180, Request Pertaining to Military Records, and appended a VA
(Department of Veterans Affairs) Form 21-4138, Statement in Support of
Claim, to his inquiry.  In his inquiry, he asked, "I wonder if I am
entitled to a Combat Infantry Badge and a Good Conduct Medal."  "My unit
was also awarded the Korean Presidential Unit Citation and the Army
Presidential Unit Citation."

8.  In the letter dated 17 April 2003, addressed to the applicant from
the National Personnel Records Center, which the applicant provided in
support of his request, he was advised that he was entitled to award of
the Good Conduct Medal, the National Defense Service Medal, the Korean
Service Medal, the Combat Infantryman Badge, the Expert Infantryman
Badge, and the United Nations Service Medal.

9.  There is no evidence in the applicant's service personnel records to
show that he was awarded the Combat Infantryman Badge and the Good Conduct
Medal while he served on active duty.

10.  Section 4 (Chronological Record of Military Service), of the
applicant's DA Form 24, Service Record, show the applicant's conduct and
efficiency ratings were consistently "excellent."  There is no evidence of
lost time and there is no evidence of disciplinary action administered the
applicant.

11.  Item 26 (Foreign and/or Sea Service), of the applicant's DD Form 214,
shows the applicant served overseas, in Korea and in Hawaii, for 1 year, 1
month and 29 days.

12.  Section 5 (Service Outside Continental United States), of the
applicant's DD Form 230, Service Record, shows that he departed from
Seattle, Washington, en route to Sasebo, Japan, on 10 April 1954.  He
arrived in Sasebo, Japan, on
27 April 1954.  The applicant departed from Sasebo, Japan, en route to
Pusan, Korea, on 29 April 1954.  He arrived in Pusan, Korea, on 30 April
1954.  The applicant departed from Inchon, Korea, en route to Honolulu,
Hawaii, on 6 October 1954.  He arrived in Hawaii for duty on 17 October
1954.  The applicant returned to the United States on 8 August 1955.

13.  Item 33 (Record of Assignment), of the applicant's DA Form 20,
Enlisted Qualification Record, shows he was assigned to I Company, 14th
Infantry Regiment, 25th Infantry Division.  The applicant was given and
performed the duties of platoon sergeant.

14.  Item 2 (Grade), of the applicant's DA Form 20, shows the applicant's
grade to be sergeant.

15.  Section I (Appointments, Promotions, or Reductions), of the
applicant's DA Form 24, Service Record, shows the applicant was promoted to
Sergeant on 28 April 1955, by Special Orders 91, Headquarters, 14th
Infantry Regiment, dated 26 April 1955.  There is no evidence, and the
applicant has provided none, to show he was promoted beyond the rank of
sergeant.

16.  Item 2 (Grade and Component or Position), of a SF 88, Report of
Medical Examination, completed on 7 September 1955, during the applicant's
separation physical examination, shows his rank to be sergeant.

17.  Item 2 (Grade and Component or Position), of a SF 89, Report of
Medical History, completed by hand, by the applicant, during his separation
physical examination, shows his rank to be sergeant.

18.  Hostilities between South Korea and North Korea officially ended on 27
July 1953.

19.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Credit Register, dated 6 July 1961, shows that the unit the
applicant was assigned to:  I Company, 14th Infantry Regiment, 25th
Infantry Division, was awarded the Republic of Korea Presidential Unit
Citation, for the period 5 May through 9 July 1953, by Department of the
Army General Order (DAGO) Number 19, dated 1955.  No other awards are shown
as having been earned by the 14th Infantry Regiment during the Korean
Conflict.
20.  AR 600-8-22 prescribes Army policy and procedures concerning awards.
Paragraph 8-6 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 specialty, satisfactorily performed duty while assigned or
attached as a member of an infantry unit of brigade, regimental, or smaller
size during any period such unit was engaged in active ground combat.  A
recipient must be personally present and under hostile fire while serving
in an assigned infantry primary duty, in a unit actively engaged in ground
combat with the enemy.  The period for award of the Combat Infantryman
Badge to Soldiers who participated in the Korean Conflict was restricted to
the period from 27 June 1950 through 27 July 1953.

21.  AR 600-8-22 provides that the Good Conduct Medal is awarded to
individuals who distinguish themselves by their conduct, efficiency, and
fidelity, during a qualifying period of active duty enlisted service.  This
period is 3 years except in those cases when the period for the first award
ends with the termination of a period of Federal military service.
Although there is no automatic entitlement to the Good Conduct Medal,
disqualification must be justified.

22.  Army Human Resources Command Message (Date Time Group 9 February
2004) published implementing instructions for award of the Korea Defense
Service Medal.  This message specified criteria for the award of the
Korea Defense Service Medal as follows:  a) service members of the armed
forces must have served in support of the defense of the Republic of
Korea from 28 July 1954 through a future date to be determined by the
Secretary of Defense;  b) the area of eligibility encompasses all land
area of the Republic of Korea, and the contiguous water out to 12
nautical miles, and all air spaces above the land and water areas;  c)
service members must have been mobilized with units or assigned or
attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for 30 consecutive or
60 non-consecutive days.

23.  The implementing message reference above also authorizes award of
the Korea Defense Service Medal if a Soldier meets one or more of the
following criteria:  a) be engaged in actual combat during an armed
engagement, regardless of the time in the area of eligibility;  b) be
wounded or injured in the line of duty and requires medical evacuation
from the area of eligibility;  c) participates as a
regularly assigned air crew member flying sorties for 30 consecutive days
or 60 nonconsecutive days into, out of, within, or over the area of
eligibility in support of military operations; or  d) served in
operations and exercises conducted in the area of eligibility as long as
the basic time criteria is met.  The message further provided that, due
to extensive time period for the Korea Defense Service Medal eligibility,
the non-consecutive service period for eligibility remains cumulative
throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The evidence shows that the applicant performed the duties
of a platoon sergeant even though he held the lesser rank of sergeant.  The
applicant was not awarded the Good Conduct Medal, it appears, more as a
result of administrative oversight, when he was released early from his
active duty service obligation to go to or return to school, rather than
something that he did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 12
November 1953 through 8 September 1955 and to have it added to his DD Form
214.

2.  The applicant entered active duty and served in Korea after the signing
of the Armistice and official declaration of the end of hostilities in
Korea.  The period for award of the Combat Infantryman Badge to Soldiers
who participated in the Korean Conflict was restricted to the period from
27 June 1950 through 27 July 1953.  The applicant did not arrive in Pusan,
Korea, until 30 April 1954, after the end of the declared period for award
of the Combat Infantryman Badge during the Korean Conflict.

3.  As a result of the above reference service in Korea, the applicant met
the criteria for award of the Korea Defense Service Medal.  He is entitled
to this award and to have it added to his DD Form 214.

4.  There is no evidence, and the applicant provided none, to show that his
unit was awarded any unit citation(s), the Army Presidential Unit Citation
or the Republic of Korea Presidential Unit Citation, while he was a member
of the unit, as he had earlier indicated to the National Personnel Records
Center in an inquiry directed to that organization in calendar year 2001.
5.  The evidence shows that the 14th Infantry Regiment was awarded the
Republic of Korea Presidential Unit Citation; however, this unit citation
was awarded before the applicant's service with the unit.  He is therefore
not entitled to addition of this unit citation to his DD Form 214.

6.  The evidence of record shows that the highest rank that the applicant
held while he was on active duty was sergeant.  The evidence does show that
the applicant served in a position which required a grade of rank greater
than he possessed but, there is no evidence that he was promoted beyond the
rank of sergeant.  He is therefore not entitled to a correction of his DD
Form 214 to show that he was released from active duty in the rank of
technical sergeant.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ALR__  ___MM___  __LDS__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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:

      a.  awarding the applicant the Good Conduct Medal for the period
12 November 1953 through 8 September 1955 and adding this award to the
applicant's DD Form 214; and


      b.  awarding the applicant the Korea Defense Service Medal and adding
this award to 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
correction of the applicant's DD Form 214 to show:
a.  that he was promoted to and released from active duty in the rank of
technical sergeant;


      b.  that he was awarded the Combat Infantryman Badge; and


      c.  that he served with a unit that was awarded the Army Presidential
Unit Citation, and the Republic of Korea Presidential Unit Citation at the
time he was a member of the unit.




                            ____Melvin H. Meyer____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002427                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/27                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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