RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 July 2006
      DOCKET NUMBER:  AR20050016975


      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. Paul Wright                   |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Robert J. Osborn, II          |     |Chairperson          |
|     |Mr. John M. Moeller               |     |Member               |
|     |Ms. Naomi Henderson               |     |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 the Combat Medical Badge, the National Defense
Service Medal, and any other commendations not recorded be added to his DD
Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states he has orders awarding him the Combat Medical
Badge from the 9th Infantry Regiment.

3.  The applicant provides a copy of Special Orders Number 154, dated
29 August 1952, published by 9th Infantry Regiment and a copy of his DD
Form 214 for the period ending 10 April 1953.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 April 1953.  The application submitted in this case is
dated
15 November 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 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.  This case is
being considered using reconstructed records, which primarily consist of
the documents supplied by the applicant.

4.  On 19 April 1951, the applicant was inducted into the Army of the
United States.  It appears he completed all required training and was
subsequently awarded military occupational specialty (MOS) 1666, Medical
Technician.

5.  The applicant apparently served in Korea for a period of 11 months and
9 days.  There are no orders showing when he was assigned to Korea or when
he returned to the United States for separation processing.  His DD Form
214 shows he was awarded the Korean Service Medal with 1 bronze service
star and the orders supplied by the applicant also support the fact he saw
combat in Korea as a medic.


6.  On 10 April 1953, the applicant was honorably released from active duty
and transferred to Enlisted Reserve Corps (ERC) for a period of 5 years.
His DD Form 214 shows he was awarded the Korean Service Medal with 1 bronze
service star and the United Nationals Service Medal.  He had no lost time.


7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Medical Badge is awarded to medical department personnel
(colonel and below) who are assigned or attached to a medical unit of
company or smaller size that is organic to an infantry unit of brigade,
regimental or smaller size which is engaged in active ground combat.
Battle participation credit is not sufficient; the infantry unit must have
been in contact with the enemy and the Soldier must have been personally
present and under fire during such ground combat.

8.  Army Regulation 600-8-22 (Military Awards) as amended provides 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, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined

9.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the
ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for 30 consecutive days, or on temporary duty for 60 non-
consecutive days, within the territorial limits of Korea, in the waters
immediately adjacent thereto, or in aerial flight over Korea participating
in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  Special Orders provided by the applicant shows he was awarded the
Combat Medical Badge.  Therefore, he is entitled to a correction of his
records to show this award on his DD Form 214.

2.  The applicant served within a time frame which was authorized for award
of the National Defense Service Metal.  Therefore, he is entitled to a
correction of his records to have this award added to his DD Form 214.

3.  The applicant served within a time frame defined by as being authorized
for award of the Republic of Korea - Korean War Service Medal.  Therefore,
he is entitled to a correction of his records to show this award on his DD
Form 214.

4.  If the applicant can provide copies of his orders assigning to him to
Korea and those returning him to the United States, he may ask the Board
for a further review of any unit awards that he might be eligible for.  A
mere statement is not sufficient to authenticate entitlement of unit
awards.

BOARD VOTE:

__rjo___  __jmm___  __nh____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 adding the Combat Medical Badge, the
National Defense Service Medal, and the Republic of Korea - Korean War
Service Medal to his DD Form 214.



                                  Robert J. Osborn, II
                            ______________________
                                      CHAIRPERSON
                       INDEX

|CASE ID                 |AR20050016975                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060713                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0113                                |
|2.                      |107.0069                                |
|3.                      |107.0056                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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