RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060010714 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Marla J. N. Troup

Chairperson

Mr. John G. Heck

Member

Mr. Donald L. Lewy

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 award of the Combat Infantryman Badge.  

2.  The applicant states, in effect, while assigned as an ammunition supply specialist in Korea he was placed in several combat situations and that as a result there were several instances where he had to fight as an infantryman.

3.  The applicant provides three magazine articles from the Veterans of Foreign Wars, Subject: Korean War; a DD Form 214 (Report of Separation from the Armed Forces of the United States) with the ending period 18 October 1952; a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 10 April 1959; and a DD Form 214 with the ending period 11 July 1961.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 11 July 1961.  The application submitted in this case is dated 16 June 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 enlisted in the Regular Army on 19 October 1949 and successfully completed basic training and advanced individual training.  He was awarded specialty number 4505 (Ammunition Supply Specialist).  

4.  The applicant arrived in Korea assigned to Service Battery, 15th Field Artillery Battalion on 1 August 1950, where he performed duties as an ammunition supply specialist.  He departed Korea on 6 May 1951 and was honorably released from active duty on 18 October 1952.





5.  The applicant's DD Form 214 with the ending period of 18 October 1952 shows he was awarded the Korean Service Medal with 3 bronze service stars, 
the United Nations Service Medal, and the Korean Presidential Unit Citation.

6.  After a break in service, the applicant enlisted in the Regular Army on 5 July 1956.  He was honorably discharged on 10 April 1959 and immediately reenlisted on 11 April 1959.  The applicant's DD Form 214 with the ending period 10 April 1959 does not show award of the Combat Infantryman Badge.

7.  On 11 July 1961, the applicant was discharged from active duty.  His DD Form 214 with the ending period 11 July 1961 does not show award of the Combat Infantryman Badge.

8.  The applicant provided three magazine articles from the Veterans of Foreign Wars, Subject: Korean War, that show how the 2nd Infantry Division engaged in battle with Chinese Communist and North Korean forces in the Korean War.

9.  Army Regulation 600-8-22 (Military Award) 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.

10.  Army Regulation 600-8-22 as amended provides 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.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

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.  Evidence of record shows that the applicant was assigned to a Field Artillery Battalion and his principal duty while in Korea was ammunition supply specialist. 
The applicant contends that because he was placed in combat situations he should receive the Combat Infantryman Badge.  Military history contains many examples of non-infantry Soldiers temporarily performing basic infantry duties that all Soldiers are taught as part of their basic combat training.  

2.  However, the three criteria for award of the Combat Infantryman Badge is to be assigned to an infantry unit, perform infantry duties, and hold an infantry specialty.  It is acknowledged that the applicant may have participated in enemy attacks; however, the evidence of record shows that while serving in Korea his primary specialty was 4505 Ammunition Storage Specialist which makes him ineligible for award of the Combat Infantryman Badge.  The performance of infantry tasks is not solely the basis for the award of the Combat Infantryman Badge.

3.  The applicant met the eligibility criteria for award of the National Defense Service Medal with one bronze service star and the Republic of Korea-Korean War Service Medal.  His DD Form 214 with the period ending 11 July 1961 should be amended to add these awards.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 July 1961; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
10 July 1964.  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.

5.  Evidence shows that the applicant’s records contain administrative errors which do 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.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__MJT   _  __JGH __  ___DLL _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 errors in the records of the individual concerned 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 National Defense Service Medal with one bronze service star and the Republic of Korea-Korean War Service Medal.




_____ Ms. Marla J. N. Troup __
          CHAIRPERSON




INDEX

CASE ID
AR20060010714
SUFFIX

RECON

DATE BOARDED
21 FEBRUARY 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MR. SCHWARTZ
ISSUES         1.
107.0111.0000
2.

3.

4.

5.

6.