RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060011574


	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.



	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 the Combat Infantryman Badge (CIB) and all other awards and decorations to which he is entitled.

2.  The applicant states he volunteered for infantry duty and was assigned to Easy Company, 1st Cavalry Division.  While serving as an infantryman, he was wounded in action and received the Purple Heart.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 5 April 1952.  The application submitted in this case is dated 7 July 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's DD Form 214 (Report of Separation from the Armed Forces of the United States) provides the following information.

	a.  He served in the Regular Army from 15 March 1948 through 5 April 1952.

	b.  His branch of service was INF, Infantry.

	c.  His most significant assignment was Company A, 8th Engineer Combat Battalion.

	d.  He received the Korean Service Medal with 4 bronze service stars and the Purple Heart.

	e.  He had 10 days of lost time.

5.  The Korean War Casualty File and the Hospital Admission Cards maintained by the Office of The Surgeon General confirm that he was wounded in action on 28 October 1951 while serving as a Light Weapons Infantryman with Easy Company, 5th Cavalry Regiment, 1st Cavalry Division.

6.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  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.

	b.  The Combat Infantryman Badge (CIB) is awarded based upon three criteria.  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 be have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

	c.  The United Nations Service Medal (UNSM) is awarded for service in Korea 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.

	d.  The Republic of Korea - Korean War Service Medal is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  while on permanent assignment; while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  Documents related to the applicant's wounding during the Korean War clearly show that he was serving as an infantryman with the 5th Cavalry Regiment, 1st Cavalry Division and that he was wounded during that time.  He is, therefore, entitled to the CIB.

2.  The applicant is entitled to other awards that do not appear on his DD Form 214.  He is entitled to award of the National Defense Service Medal, the United Nations Service Medal, and the Republic of Korea - Korean War Service Medal.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 April 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 April 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:

___jea__  __swf___  __rsv___  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:

	a.  awarding him the National Defense Service Medal, the United Nations Service Medal, the Republic of Korea - Korean War Service Medal, and the CIB; and

	b.  adding the National Defense Service Medal, the United Nations Service Medal, the Republic of Korea – Korean War Service Medal, and the CIB to his DD Form 214.



						James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060011574
SUFFIX

RECON

DATE BOARDED
20070306
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.