RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060009839 


	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. Gerard W. Schwartz

Acting Director 



Analyst

      The following members, a quorum, were present:




Chairperson



Member



Member
	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, reconsideration for award of the Combat Infantryman Badge. 

2.  The applicant states, in effect, he was assigned to an infantry company.  He was assigned to Company F from November 1950 to April 1951.  His records were lost in the fire in 1973 in St. Louis, Missouri.  He has been trying to get this badge since 1953.  

3.  The applicant provides copies of a Headquarters, 5th Infantry Regiment, Report of Casualties; a 1951 5th Infantry Regiment, Medical Company, Command Report; a letter from his company commander, Company F, 5th Regimental Combat Team, to a member of Congress; and a letter to the same member of Congress from the applicant's former first sergeant; and his letter to a member of Congress, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR1999018312 on 4 August 1999.

2.  The applicant is requesting correction of an alleged error or injustice which occurred on 4 August 1999, the date of his previous consideration by the ABCMR.  The application submitted in this case is dated 25 April 2006 and was received on 10 July 2006.

3.  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.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources which show the applicant enlisted in the Army on 21 July 1950. 

5.  The Morning Reports for the 5th Infantry Regiment show the applicant served with Company F of that regiment on 2 April, 6 April, 4 May, and 16 May 1951.

6.  Special Orders Number 57, Headquarters, 5th infantry Regiment, dated 7 April 1951, shows the applicant was awarded the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy.

7.  The applicant was wounded in action while serving in Korea on 22 April 1951, at Chudong, Korea.  He was awarded the Purple Heart on 30 April 1951.

8.  The applicant was honorably discharged on 28 July 1953.  His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was awarded the Korean Service Medal, with one bronze service star.  This DD Form 214 did not show award of the Purple Heart or the Combat Infantryman Badge.

9.  On 4 August 1999, the Army Board for Correction of Military Records (ABCMR) recommended correction of the applicant's records to show award of the Purple Heart and the Good Conduct Medal.  The Board denied award of the Combat Infantryman Badge.

10.  The applicant was issued a DD Form 215 (Correction to DD Form 214), dated 30 March 2000, showing award of the Purple Heart, the Good Conduct Medal, and correction to Item 29 (Wounds Received in Action), of his DD Form 214, to show he was wounded in the left arm near Chudong, Korea, on 22 April 1951.  

11.  Army Regulation 600-8-22 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 military occupational 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 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

13.  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. 

14.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

15.  Department of the Army Pamphlet 672-1 (United Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean Conflict.  This document shows the unit to which the applicant was assigned, 5th Infantry Regiment, 71st Infantry Division, was twice cited for award of the Republic of Korea Presidential Unit Citation, for actions during the period 31 July 1950 to 27 July 1953, by Department of the Army General Orders Number 49, dated 1953 and for actions during the period 19 September 1950 to 31 July 1952, by Department of the Army General Orders Number 41, dated 1955.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Combat Infantryman Badge on 7 April 1951, for satisfactory performance of duty in ground combat against the enemy.  Therefore, he is entitled to have his records corrected to show this award on his DD Form 214, dated 28 July 1953.

2.  The evidence also shows the applicant met the criteria for award of the United Nations Service Medal, the Republic of Korea-Korean War Service Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to have his records corrected to show these awards on his DD Form 214, dated 28 July 1953.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 August 1999; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 3 August 2003.  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:

__LD ___  __LB____  __TSK__  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 an excuse for failure to timely file and amend the ABCMR’s decision in Docket Number AR1999018312, dated 4 August 1999.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by showing he was awarded the Combat Infantryman Badge on 7 April 1951;

	b.  by awarding him the United Nations Service Medal, the Republic of Korea-Korean War Service Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation, based on his service in Korea; and 

	c.  by adding these awards to his DD form 214  and providing him a correction to his separation document that includes these awards.




      __ ___
                CHAIRPERSON




INDEX

CASE ID
AR20060009839
SUFFIX

RECON

DATE BOARDED
20070227
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.111
2.

3.

4.

5.

6.



ABCMR Record of Proceedings (cont)                                         AR20060009839


6


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508