RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            28 November 2006
      DOCKET NUMBER:   AR20060007820


      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. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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 his report of separation (DD Form 214) be
corrected to reflect award of the Combat Infantryman Badge (CIB) and the
Purple Heart.

2.  The applicant states, in effect, that he was awarded the CIB and Purple
Heart; however, they were omitted from his DD Form 214.

3.  The applicant provides a copy of orders awarding him the Purple Heart.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 May 1969.  The application submitted in this case is dated
22 May 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 was inducted in Chicago, Illinois, on 6 December 1944.
He completed his training as an infantryman at Camp Fannin, Texas.  He
served in the Pacific Theater of Operations both as an infantryman and a
military policeman.  He was honorably discharged at Camp Beale, California
on 14 December 1946.

4.  He enlisted in the Regular Army in St. Louis, Missouri on 9 September
1950 for a period of 3 years.  He was assigned to Fort Knox, Kentucky for
duty as a duty foreman.  On 24 August 1951, he was transferred to Korea and
was assigned to Company B, 5th Cavalry Regiment for duty as a light weapons
infantryman.

5.  On 17 October 1951, while serving as a corporal, the applicant was
wounded as a result of enemy action near Yongchon, Korea.  He received
missile and fragmentation wounds to the right neck.  He was medically
evacuated to the 3rd Station Hospital, then to the 279th General Hospital.
He was subsequently medically evacuated to the medical holding detachment
at Fort Knox, Kentucky and then to Fort Campbell, Kentucky.  His records
show that he was awarded the Purple Heart at the 3rd Station Hospital on 20
October 1951 by General Order #82.  He was subsequently awarded the Purple
Heart on 23 October 1951, by the 279th General Hospital for the same wound
in General Order #131; however, that order was subsequently revoked on 30
May 1952 in General Order #17.

6.  The applicant remained on active duty through a series of continuous
reenlistments and was promoted to the pay grade of E-6 on 16 December 1965.

7.  On 31 May 1969, the applicant was honorably released from active duty
(REFRAD).  He was placed on the Retired List on 1 June 1969.  He had served
20 years, 9 months and 1 day of total active service.  His DD Form 214
issued at the time of his REFRAD reveals no awards or decorations.

8.  A review of the available records show the applicant was awarded the
Purple Heart; however, there is no evidence to show award of the CIB.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for a wound sustained while in action
against an enemy or as a result of hostile action.  Substantiating evidence
must be provided to verify that the wound was the result of hostile action,
the wound must have required treatment, and the medical treatment must have
been made a matter of official record.

10.  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.

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.  The evidence of record clearly shows that the applicant was serving as
an infantryman in an infantry unit when he was wounded as a result of enemy
action on 17 October 1951.

2.  The evidence also shows that he was awarded the Purple Heart on
20 October 1951 by the 3rd Station Hospital.  Accordingly, his records
should be corrected to reflect his award of the Purple Heart.

3.  Although the available records do not contain an order awarding him the
CIB, it is reasonable to presume that he was awarded the CIB, given his
award of the Purple Heart, which essentially qualified him for award of the
CIB.  Accordingly, the award of the CIB should also be added to his
records.

4.  Additionally, the applicant is also entitled to be awarded the ROK-KWSM
for his service in Korea from August 1951 to January 1952.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 May 1972.  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:

__JM ___  ___SP __  ___DP __  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 showing that he was awarded the Purple
Heart, CIB and the ROK-KWSM.





                            ______ John Meixell________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007820                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19690531                                |
|DISCHARGE AUTHORITY     |T10 USC, SEC 3914                       |
|DISCHARGE REASON        |RETIREMENT                              |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/ph                                   |
|1.107.0015              |                                        |
|2.107.0111              |157/cib                                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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