RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060004822


      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. Edmund P. Mercanti            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 that he be awarded the Combat Infantryman Badge
(CIB).

2.  The applicant states he served as a translator and interrogator during
the Korean War.  When he was attached to the 1st Marine Division, he went
everywhere the 1st Marine Division went.  He adds that he was given both
overseas and combat pay while in Korea.  He describes his duties, the harsh
living conditions he had to endure, and the frequent artillery barrages he
was exposed to.  He also states that he believes that his Korean Service
Medal with 3 bronze service stars would imply combat duty.

3.  The applicant provides correspondence from his elected representative
and a letter from an Army Reserve colonel.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 September 1952.  The application submitted in this case is
dated 24 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.  The applicant’s records show that he enlisted in the Regular Army on 9
August 1949, attended Army Language School in Presidio, California, and was
awarded the military occupational specialty (MOS) of interpreter
(Japanese).

4.  He was assigned to a unit in Japan and then to Korea, where he was
assigned to a Military Intelligence Detachment and attached to the 1st
Marine Regiment, awarded the MOS of interrogator (Japanese), promoted to
sergeant first class (pay grade E-6), and served in three campaigns.



5.  The applicant’s records show that his character and efficiency ratings
were excellent and he was favorably considered for the Good Conduct Medal.

6.  He was honorably released from active duty on 17 September 1952.  The
DD Form 214, Report of Separation From The Armed Forces of The United
States, he was issued shows that he was awarded the Army Occupational Medal
(Japan), the Korean Service Medal with 3 bronze service stars, and the
United Nations Service Medal.

7.  The CIB is awarded to personnel in the grade of Colonel or below with
an infantry military occupational specialty who have satisfactorily
performed duty while assigned as a member of an infantry unit, brigade or
smaller size, during any period subsequent to 6 December 1941 when the unit
was engaged in active ground combat.

8.  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.

9.  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.  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.  Contrary to the applicant’s contention, award of the Korean Service
Medal does not indicate a Soldier served in active ground combat.  In only
indicates that a Soldier had qualifying service in the Korean theater of
operations.





2.  The applicant was an interpreter and interrogator, not an infantryman.
As such, he is not entitled to the CIB.

3.  However, the applicant’s conduct and efficiency were rated as excellent
and he was favorably considered for the Good Conduct Medal.  As such, he is
entitled to that award and for that award to be entered on his DD Form 214.

4.  The applicant is also entitled to the award of the Korean War Service
Medal and to have that award added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 September 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 16 September 1955.  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:

________  ________  ________  GRANT FULL RELIEF

___rdg__  ____jcr___  __mmd__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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.  showing that the applicant was awarded the Good Conduct Medal for
the period 9 August 1949 to 17 September 1952 and he was awarded the Korean
War Service Medal; and

      b.  by adding these two awards to his DD Form 214.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
awarding the individual concerned the CIB.




                            _________Melinda M. Darby__________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2006004822                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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