RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            09 January 2007
      DOCKET NUMBER:   AR20060006693


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |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 awarded the Korea Defense
Service Medal (KDSM), the Republic of Korea Presidential Unit Citation
(ROKPUC), the Combat Service Commemorative Ribbon, the Combat Infantryman
Badge (CIB), the Senior Parachutist Badge and the Glider Badge and that his
records be corrected to reflect those awards.

2.  The applicant states, in effect, that he should have been issued those
awards and his records should reflect those awards.

3.  The applicant provides a copy of his appeal to the Department of
Veterans Affairs (VA) and a copy of his unit’s narrative summary during the
period in question.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 August 1952.  The application submitted in this case is
dated 11 April 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 are  not  available  to  the  Board  for
review.  A fire destroyed approximately 18 million service members’  records
at the National Personnel Records Center in 1973.  It is believed  that  the
applicant’s records were lost or destroyed in  that  fire.   However,  there
were sufficient documents remaining in a reconstructed record for the  Board
to conduct a fair and impartial review of this case.

4.  The applicant was born on 3 August 1930 and enlisted in  Columbus,  Ohio
on 1 December 1948 for a period of 3 years.  He completed his  training  and
was awarded the military  occupational  specialty  (MOS)  of  a  parachutist
qualified mortar gunner/crewman (60 mm).

5.  In February 1950, while at Fort Bragg, North Carolina, the applicant
was on pass in a nearby town and sustained a penetrating gunshot wound to
the right knee from a gunshot discharge by a civilian.  The wound was
debrided at Fort Bragg but the bullet was not removed.

6.  He was subsequently transferred to Korea and was assigned to the187th
Airborne Regimental Combat Team (RCT).  On 17 May 1952, he was transferred
to a hospital in Japan with a diagnosis of foreign body in the right knee
joint.  The applicant had experienced pain in his right knee during
parachute jumps.  The treating physician determined that because the
applicant had never had any limitation of motion and had general good
function of the knee, that surgical removal at that time was not warranted.
 The applicant was returned to duty with a permanent profile that
prohibited parachute jumping.

7.  The applicant served 1 year, 3 months and 6 days of foreign service and
was returned to Camp Breckinridge, Kentucky, where he was honorably
discharged with temporary records on 29 August 1952, due to the expiration
of his term of service (ETS).  He had served 3 years, 10 months and 29 days
of total active service and in item 27 of his report of separation (DD Form
214) under decoration and awards is the entry “None”.

8.  In September 2000, the National Personnel records Center (NPRC)
authorized the issuance of medal sets of the Good Conduct Medal (GCMDL),
the National Defense Service Medal (NDSM), the Korea Service Medal (KSM)
and the United Nations Service Medal (UNSM).

9.  On 10 May 2005, in response to a request from the applicant to the
NPRC, the Human Resources Command – Alexandria (HRC-ALEX), Military Awards
Branch responded to the applicant’s request for the same awards that he has
requested from this Board.  Officials at that agency informed the applicant
that he was entitled to awards of the GCMDL, the KSM with one bronze
service star, the NDSM, the UNSM and the ROKPUC.  Officials also informed
him that he would have to purchase the ROKPUC from private vendors because
it was not issued by the Department of the Army.  He was also informed of
the procedures to request award of the Korean War Service Medal (KWSM).  In
addition, the applicant was informed that there was insufficient evidence
to substantiate his claim that he was entitled to awards of the CIB, the
senior parachutist badge and the Glider Badge.  He was also informed that
the Department of the Army does not issue commemorative medals and that
they are not recognized as official United States military decorations.
The applicant was issued a Correction to DD Form 214 (DD Form 215) showing
that he was awarded the GCMDL, the KSM with one bronze service star, the
NDSM, the UNSM and the ROKPUC.
11.  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.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of the basic Parachutist Badge.  Award of the
basic Parachutist Badge requires that an individual must have
satisfactorily completed the prescribed proficiency tests while assigned or
attached to an airborne unit or the Airborne Department of the Infantry
School, or have participated in at least one combat parachute jump.

13.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of the Senior Parachutist Badge.  Award of the
Senior Parachutist Badge requires a rating of excellent in character and
efficiency, completion of 30 jumps (15 with combat equipment, two night
jumps with one as jumpmaster, two mass tactical jumps culminating in an
airborne assault problem), graduation from the Jumpmaster Course, and
service on jump status for at least 24 months.

14.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part,
that award of the Glider Badge was discontinued effective 3 May 1961.  The
regulation authorizes wear of the Glider Badge if the individual met the
eligibility requirements then in effect.  The regulation also provides for
award of the Glider Badge retroactively when it can be established by means
of sufficient documentation that the proficiency tests then prescribed were
satisfactorily completed while the individual was assigned or attached to
an airborne unit, or to the Airborne Department of the Infantry School, or
by participating in at least one combat glider landing into enemy-held
territory as a member of an organized force carrying out an assigned
tactical mission for which the unit was credited with an airborne assault
landing by the theater commander.

15.  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.

16.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal (KDSM).  This message specified criteria for the award of the Korea
Defense Service Medal as follows:  a) service members of the armed forces
must have served in support of the defense of the Republic of Korea from 28
July 1954 through a future date to be determined by the Secretary of
Defense;  b) the area of eligibility encompasses all land area of the
Republic of Korea, and the contiguous water out to 12 nautical miles, and
all air spaces above the land and water areas;  c) service members must
have been mobilized with units or assigned or attached to units operating
in the area of eligibility and have been physically deployed in the area of
eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has already been authorized the award of the ROKPUC and
that award is presently reflected on his DD Form 215.  Inasmuch as it is a
foreign award not issued by the Department of the Army, there is no basis
to grant that part of his request.

2.  While the Board cannot determine that the applicant is authorized the
Senior Parachutist Badge, the available records do show that he held the
MOS of an airborne qualified mortar crewman and that he was assigned to an
airborne unit.  Accordingly, it is reasonable to presume that he was
awarded the Parachutist Badge and that badge should be reflected on his
records.

3.  There is also insufficient evidence to establish the applicant’s
entitlement to the CIB and the Glider Badge.  Therefore, absent sufficient
evidence to show that he is entitled to those awards, there appears to be
no basis to grant that portion of his request.

4.  The applicant’s contention that he is entitled to the award of the
Combat Service Commemorative Ribbon has been noted and found to be without
merit.  That award is not an official Department of the Army award and
therefore cannot be entered on his records.

5.  The applicant’s contention that he is entitled to the award of the KDSM
has been noted and found to be without merit.  The criteria for award of
the KDSM requires service in Korea from 28 July 1954 to a date to be
determined.  The applicant was honorably discharged on 29 August 1952 and
has had no further service in Korea.  Accordingly, he is not entitled to
that award.

6.  However, the applicant did serve in Korea during the eligibility period
for award of the ROK-KWSM.  Therefore he is entitled to receive that award
and have it entered on his records.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 August 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 28 August 1955.  The applicant did not file within the
3-year statute of limitations; however, based on the available (evidence or
argument), it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JA __  ___JP ___  ___SF __  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 awarding him the ROK-
KWSM and showing that he is authorized the award of the Parachutist Badge.

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
issuing him a ROK-PUC, awarding him the KDSM and Combat Service
Commemorative Ribbon and showing that he is authorized awards of the CIB,
Senior Parachutist Badge and the Glider Badge.




                            ____James Anderholm____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006693                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|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                  |46/DE                                   |
|1.107.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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