RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050017947


      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. Allen Raub                    |     |Chairperson          |
|     |Ms. Laverne Douglas               |     |Member               |
|     |Ms. Peguine Taylor                |     |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 correction of his DD Form 214 (Report of
Separation from the Armed Forces of the United States) to show award of the
Combat Infantryman Badge.

2.  The applicant states he is missing the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 November 1952.  The application submitted in this case is
dated
13 September 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 covering his service in Korea 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 10 November 1949 for a period of 3 years.  He
served in Korea and was honorably discharged on 29 November 1952.

5.  Item 4 (Component and Branch or Class) on the applicant's DD Form 214
shows the entry, “RA [Regular Army] Unassigned.”  Item 5
(Qualifications/Specialty Number or Symbol) shows the entry, "1730" (guard
commander, U.S. Disciplinary Barracks).  His DD Form 214 shows his most
significant duty assignment was the 5025th Army Support Unit U.S.
Disciplinary Barracks, 1st Guard Company.  His DD Form 214 also shows the
Korean Service Medal with five bronze service stars as an authorized award.

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

7.  The applicant’s National Guard records show he served as an infantryman
during the period 1949 to 1952.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Combat Infantryman Badge.  That regulation 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.

9.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, the regulation states that the period of
eligibility for the United Nations Service Medal was between 27 June 1950
and 27 July 1954.  The regulation provides that this service medal was
awarded to members of the Armed Forces of the United States dispatched to
Korea or adjacent areas on behalf of the United Nations.  Award of the
Korean Service Medal automatically establishes eligibility for award of the
United Nations Service Medal.

10.  Army Regulation 600-8-22 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, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

12.  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.  The applicant's DD Form 214 shows his branch of service was unassigned,
his MOS was 1730, and his most significant duty assignment was with a guard
company at a disciplinary barracks.  Although his National Guard records
show he served as an infantryman during the period 1949 to 1952, there is
no evidence of record which shows that he held and served in an infantry
MOS and served in active ground combat in Korea.  Therefore, there is
insufficient evidence on which to base award of the Combat Infantryman
Badge in this case.

2.  Based on award of the Korean Service Medal, the applicant is entitled
to award of the United Nations Service Medal.

3.  The applicant served a period of qualifying service for award of the
National Defense Service Medal and the ROK-KWSM.

4.  The applicant’s DD Form 214 shows the Korean Service Medal with five
bronze service stars.  However, the governing regulation states that a
silver service star is authorized in lieu of five bronze service stars.
Therefore, the applicant’s DD Form 214 should be amended to show the Korean
Service Medal with one silver service star.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 29 November 1952; therefore, the time for the
applicant to file a request for correction of any error expired on 28
November 1955.  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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

AR_____  _LD_____  _PT_____  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 an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the
CMSD-St. Louis administratively correct the records of the individual
concerned
to show the United Nations Service Medal, the National Defense Service
Medal,  the ROK-KWSM, and the Korean Service Medal with one silver service
star.




                                  __Allen Raub__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017947                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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