RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            17 August 2006
      DOCKET NUMBER:   AR20060001725


      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. Andrew C. Jacobs              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Mr. Dean Camarella                |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 be officially awarded the
Combat Infantryman Badge, and that his military records be corrected to
show that he was awarded the Combat Infantryman Badge.

2.  The applicant essentially states that he has no idea why his military
records do not show that he was in a combat zone for at least a month,
unless his military records were lost in the big fire [at the National
Personnel Records Center in 1973].

3.  The applicant provides copies of his DD Form 214 (Report of Separation
From the Armed Forces of the United States), a photograph of him while he
was a member of the 10th Corps Honor Guard, and an authorization for
release of confidential information in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on  21 September 1954, the date of his release from active duty.
The application submitted in this case is dated 7 December 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 majority of the applicant’s military records are not available for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
majority of the applicant’s records were lost or destroyed in that fire.
However, there are sufficient remaining documents to conduct a fair and
impartial review of this case.

4.  The available records show that the applicant was inducted into the
Army of the United States on 9 October 1952, and that he served 1 year, 2
months, and 28 days of foreign and/or sea service.  He was released from
active duty on
21 September 1954.  His DD Form 214 shows that he was awarded the Army Good
Conduct Medal, the National Defense Service Medal, the United Nations
Service Medal, and the Korean Service Medal.

5.  There is no indication on the applicant’s DD Form 214 that he was
assigned to the infantry branch, or that he possessed an infantry military
occupational specialty (MOS).  This document also does not show that he was
awarded the Combat Infantryman Badge.  There is no evidence in the
available records to show that he served in active ground combat while
assigned or attached to an infantry unit of brigade, regimental or smaller
size, or was 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.

6.  During a review of the applicant’s records, it was determined that he
is entitled to additional awards and decorations that are not shown on his
DD Form 214.

7.   The applicant served in Korea for a period of 1 year, 2 months, and 28
days sometime between 9 October 1952 and 21 September 1954; however, the
applicant’s DD Form 214 does not reflect award of the Republic of Korea -
Korean War Service Medal.  The Department of Defense approved acceptance
and wear of this foreign service award on 20 August 1999.

8.  Paragraph 8-6 of Army Regulation 600-8-22 (Military Awards) provides,
in pertinent part, that the Combat Infantryman Badge is awarded to infantry
officer and enlisted personnel who have an infantry MOS.  They must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.  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.  It also states, in pertinent part, that campaign or battle credit
alone is not sufficient for award of the Combat Infantryman Badge.

9.  The Government of the Republic of Korea issued the Republic of Korea -
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.  The Department of Defense approved acceptance and wear
of the
Republic of Korea - Korean War Service Medal.  To qualify for award of the
Republic of Korea - Korean War Service Medal, 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 contends that he should be officially awarded the Combat
Infantryman Badge, and that his military records should be corrected to
show that he was awarded the Combat Infantryman Badge.

2.  While the Board does not doubt the veracity of the applicant’s claim
that he is entitled to award of the Combat Infantryman Badge, there is no
record in the available records which shows that he possessed an infantry
MOS, or that he served in active ground combat while assigned or attached
to an infantry unit of brigade, regimental or smaller size, or was
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.  Absent such evidence, there is insufficient basis for awarding the
Combat Infantryman Badge to the applicant in this case.

3.  Evidence of record shows that the applicant served in the Republic of
Korea during the period of eligibility for award of the Republic of Korea -
Korean War Service Medal; therefore, he is entitled to award of the
Republic of Korea - Korean War Service Medal, and correction of his
military records to show this award.

4.  Evidence shows that the applicant’s records contain administrative
error which does 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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 September 1954; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 September 1957.  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.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____RD _  ____DC _  ___RN __  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 administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show the award of the Republic of Korea – Korean War Service
Medal.





                                  _____Richard Dunbar____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001725                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19540921                                |
|DISCHARGE AUTHORITY     |AR 615-363-5                            |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |DENY WITH ADMIN NOTE                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |104.0111.0000                           |
|2.                      |107.000.0000 (ROK-KWSM)                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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