RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 NOVEMBER 2006
      DOCKET NUMBER:  AR20060003170


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Robert Soniak                 |     |Member               |
|     |Mr. David Tucker                  |     |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, via an application submitted by his
congressional representative, that his records be corrected to show award
of the Combat Infantryman Badge.

2.  The applicant states he was awarded the Combat Infantryman Badge while
in Korea.  His congressional representative supports his request and
indicated that he had discussed the badge with the applicant and sought
additional documents to support the applicant's claim after initially being
informed that records were unavailable to document entitlement to the
badge.

3.  The applicant provides a copy of his separation document, a photograph
of him in uniform and wearing the Combat Infantryman Badge, and a copy of a

27 July 1953 certificate awarding him the Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 November 1954.  The application submitted in this case
was received on 2 March 2006.

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.  Records available to the Board indicate the applicant was inducted and
entered active duty on 14 November 1952.  He arrived in Korea in May 1953
and was assigned as an infantryman with the 223rd Infantry Regiment.

4.  According to an entry in his military personnel record, he was awarded
the Combat Infantryman Badge by Special Order Number 197 issued by
Headquarters, 223rd Infantry, on 29 July 1953.  A copy of the Special Order
was not in the records available to the Board.  A review of unit historical
files maintained at the National Archives at College Park, Maryland also
failed to reveal a copy of the award orders.

5.  The certificate provided by the applicant was issued on 27 July 1953 by
the 40th Infantry Division.

6.  The applicant returned to the United States in May 1954 and completed
his military service at Fort Jackson, South Carolina.  He was released from
active duty on 13 November 1954 with an honorable characterization of
service.  His separation document does not reflect entitlement to the
Combat Infantryman Badge.

7.  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 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.

8.  A review of Department of the Army Pamphlet 672-1 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit (223rd
Infantry Regiment) was awarded the Republic of Korea Presidential Unit
Citation during his tenure with the organization.  The unit award was also
omitted from the applicant's separation document.

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.  Although a copy of the orders awarding the applicant the Combat
Infantryman Badge can not be located, the fact that his certificate was
awarded within days of the publication of award orders, and that the orders
number was recorded in his military personnel file is sufficiently
compelling to conclude that the applicant was awarded the Combat
Infantryman Badge.  It would be appropriate for the Board to confirm the
award and correct his separation document to reflect entitlement to the
Combat Infantryman Badge.

2.  The evidence also confirms the applicant is entitled to the Republic of
Korea Presidential Unit Citation and the Republic of Korea - Korean War
Service Medal. His records should be corrected accordingly.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 November 1954; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
12 November 1957.  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:

___JR___  __RS ___  __DT ___  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:







      a.  confirming his award of the Combat Infantryman Badge and recording
it on his 1954 separation document; and


      b.  showing he is entitled to the  Republic of Korea Presidential Unit
Citation and the Republic of Korea - Korean War Service Medal.




                            _____Jeffrey Redmann_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003170                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061116                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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