RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 DECEMBER 2006
      DOCKET NUMBER:  AR20060004019


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Donald Steenfott              |     |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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he joined the US Army for the
first time as an infantryman.  He states that during the period of his
active duty, he served in Korea and was attached to Company K, 3rd Infantry
Division.  He maintains that he participated in several activities against
enemy forces where some of his friends were either killed or wounded.  The
applicant states that he suffered from an appendicitis pain and was
evacuated to Japan for emergency surgery.  He claims that he fought enemy
forces and was under enemy attack most of the time.  He argues that it was
not his fault that he suffered from an appendicitis and was forced to leave
Korea.

3.  The applicant provides copies of his DD Forms 214 (Armed Forces of the
United States Report of Transfer or Discharge), DD Form 215 (Correction to
DD Form 214), physical condition letter, and Certificate of Military
Service with Honorable Discharge Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 July 1952.  The application submitted in this case is
dated           14 February 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.  The applicant's military records show he was called from inactive duty
and entered active duty on 10 September 1950.  His component and branch was
listed as National Guard, Infantry.  He served in Korea from December 1951
to April 1952.  The applicant was honorably discharged on 3 July 1952.



4.  The applicant provided a letter from the 279th General Hospital dated 2
May 1952.  This letter shows that the applicant was being sent to the Camp
Drake Replacement Depot with physical profile restriction with reevaluation
scheduled for 27 June 1952.

5.  Item 27 on the applicant’s DD Form 214 “Decorations, Medals, Badges,
Commendations, Citation and Campaign Ribbons Awarded or Authorized” dated 3
July 1952 lists the Korean Service Medal with one Bronze Service Star.  His
DD Form 215 shows that the Good Conduct Medal, National Defense Service
Medal, United Nations Service Medal, and the Korean Presidential Unit
Citation Badge were added to his DD Form 214.

6.  The applicant’s records show he was assigned to Company K, 66th
Infantry Regiment, Republic of Korea from December 1951 to April 1952.

7.  The applicant’s medical records show that he was diagnosed with acute
appendicitis which required an appendectomy that was performed on 1 April
1952.

8.  There is no evidence of, or any orders awarding, the applicant the CIB.
 There is no evidence to show that while the applicant was assigned to the
66th Infantry Regiment, he served in active ground combat.

9.  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.

10.  Review of the applicant's DD Form 214 indicates that he is entitled to
an additional award that was not shown on this form.


11.  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.  There is no evidence in the available records to show that the
applicant should be awarded the CIB.  There is no evidence that the
applicant served in  active ground combat, which is required by regulation
for award of the CIB.  In view of this fact, there is insufficient basis
for award of the Combat Infantryman Badge.

2.  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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 July 1952; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           2 July 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LS_  _  ___PM __  ___DS__  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 award of the Korean War Service Medal.




                                  _____Linda Simmons_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004019                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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