RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          22 December 2005
      DOCKET NUMBER:  AR20050006592


      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. Ted Kanamine                  |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McPherson            |     |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 Purple Heart, the Combat
Infantryman Badge, and the Korean Service Medal.

2.  The applicant states he was shot in the spine in combat in Korea and
his DD Form 214 (Report of Separation from the Armed Forces of the United
States) does not show the Purple Heart or the Combat Infantryman Badge.

3.  The applicant provides a VA Form 8-564, dated 19 November 1951; an
Honorable Discharge Certificate from the National Guard; an award
certificate for the Purple Heart for wounds received in action on 21
September 1950; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
31 January 1951.  The application submitted in this case is dated 22 April
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 enlisted on 27 June 1949, served in Korea and was
honorably discharged by reason of physical disability on 31 January 1951.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) on the applicant's DD Form 214
shows the entry, “None.”  Item 29 (Wounds Received as a Result of Action
with Enemy Forces) on his DD Form 214 shows he was wounded on 21 September
1950 in Taegu, Korea.

5.  Headquarters, Tokyo Army Hospital General Orders Number 244, dated
26 September 1950, show the applicant received the Purple Heart for wounds
received in action on 21 September 1950 in Taegu, Korea.

6.  There are no orders for the Combat Infantryman Badge in the available
records.  However, a Casualty Report, dated 6 October 1950, shows the
applicant’s military occupational specialty (MOS) was 4745 (rifleman) and
he was assigned to Company C of the 5th Infantry Regiment when he was
wounded in action.

7.  A DD Form 215 (Correction to DD Form 214), dated 1 August 2003, amended
the applicant’s DD Form 214 to show the National Defense Service Medal, the
Good Conduct Medal, and the Purple Heart as authorized awards.  Therefore,
the applicant’s request to show the Purple Heart on his DD Form 214 will
not be discussed further in these Proceedings.  A copy of the DD Form 215
will be provided to him.

8.  Army Regulation 600-8-22 (Military Awards) 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 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 Korean Service
Medal.  In pertinent part, the regulation states that the Korean Service
Medal is awarded for qualifying service in the theater of operations
between 27 June 1950 and
27 July 1954.

10.  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.

11.  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.

12.  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.  Evidence of record shows the applicant was an infantryman assigned to
an infantry company in Korea when he was wounded in action.  Therefore,
there is sufficient evidence on which to base award of the Combat
Infantryman Badge in this case.

2.  The applicant served a period of qualifying service for award of the
Korean Service Medal.

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

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 31 January 1951; therefore, the time for the
applicant to file a request for correction of any error expired on 30
January 1954.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

TK_____  RD_____  _JM_____  GRANT 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 amending his DD Form 214 to show that
he was awarded the Combat Infantryman Badge, the Korean Service Medal, and
the United Nations Service Medal.




            _Ted Kanamine_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006592                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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