RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20050004341


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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.

2.  The applicant states, in effect, that he was involved in combat with
the enemy and wounded during the Korean War; therefore, he believes he
meets the criteria for award of the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation
from the Armed Forces of the United States), with an effective date of 2
October 1952.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 October 1952, the date of his separation from active duty.  The
application submitted in this case is dated 11 March 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 limitations 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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Available records consist primarily
of the applicant's DD Form 214 and Information from the Hospital Admission
Cards created by the Office of the Surgeon General, Department of the Army,
for the years 1950 through 1954.

4.  The applicant's DD Form 214 shows that he entered active duty in the
Army on 15 September 1949.  Item 5 (Qualifications) of his DD Form 214
shows that he served as a Combat Construction Specialist.   Available
records show that the applicant was assigned to an engineer battalion while
serving overseas in the Republic of Korea.  Available records also show
that he served overseas for a total of 9 months and 12 days, attained the
grade of master sergeant (temporary), and was honorably discharged on 2
October 1952.

5.  The applicant's DD Form 214 shows in Item 27 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) that he was awarded the Purple Heart, Korean Service Medal with
5 bronze campaign (service) stars, United Nations Service Medal, and
Republic of Korea Presidential Unit Citation.  Item 29 (Wounds Received as
a Result of Action with Enemy Forces) of his DD Form 214 contains the entry
"1 Sept 50  Yon San South Korea".

6.  The applicant states, in effect, that he was involved in combat with
the enemy and wounded during the Korean War.  Therefore, he believes he
meets the criteria for award of the Combat Infantryman Badge and submitted
a copy of his DD Form 214 in support of his application.

7.  A review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his DD Form 214.

8.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  Available
records do not contain any adverse information, the applicant had no time
lost during his service, and his character of service was honorable at the
time of his separation from active duty.

9.  Army Regulation 600-65 (later superseded by Army Regulation 672-5-1,
Military Awards), in effect at the time, provided policy and criteria
concerning service medals.  It stated that the Army Good Conduct Medal was
awarded for each 3 years of continuous enlisted active Federal military
service completed on or after 27 August 1940.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service and there must have been no convictions
by court-martial.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the National Defense Service Medal is awarded for honorable
active service for any period between 27 July 1950 through 27 July 1954, 1
January 1961 through 14 August 1974, and 2 August 1990 through 30 November
1995.

11.  Army Regulation 600-8-22 prescribes 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.

12.  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 U.S. veterans
of the Korean War, or their surviving next of kin. The medal is provided at
no cost to veterans.

13.  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 contends, in effect, that he was involved in combat with
the enemy and wounded during the Korean War and believes he meets the
criteria for award of the Combat Infantryman Badge.  However, the
documentary evidence he provides is insufficient to support his claim.

2.  The evidence of record shows that the applicant did not possess one of
the requisite infantry military occupational specialties or serve in an
infantry position required to qualify for award of the Combat Infantryman
Badge.  In addition, the evidence of record fails to show that the
applicant was assigned to an infantry unit during such time as the unit was
engaged in active ground combat, and that he actively participated in such
ground combat.  Further, there are no orders or evidence of record that
shows the applicant was awarded the Combat Infantryman Badge.  Therefore,
there is insufficient evidence upon which to base award of the Combat
Infantryman Badge in this case.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 15 September 1949 through 14 September 1952 based on
completion of a period of qualifying enlisted active Federal military
service.  Therefore, he is entitled to correction of his records to show
this award.

4.  The applicant's DD Form 214 shows he served a qualifying period for
award of the National Defense Service Medal.  Therefore, he is entitled to
have his records corrected to show award of the National Defense Service
Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 October 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
1 October 1955.  Although the applicant did not file within the ABCMR's
statute of limitations, it is appropriate to waive failure to timely file
for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SLP __  __MHM__  __ALR __  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
15 September 1949 through 14 September 1952; and

      b.  correcting his DD Form 214 to add the Good Conduct Medal and
National Defense Service Medal.

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
the Combat Infantryman Badge.




                            ___SHIRLEY L. POWELL____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004341                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19521002                                |
|DISCHARGE AUTHORITY     |AR 615-365, Section 4                   |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |107.0056.0000                           |
|3.                      |107.0069.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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