RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060014698


      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      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 (CIB) and
the Bronze Star Medal (BSM) based upon award of the CIB.

2.  The applicant states he was wounded in action and feels he should have
received the CIB and the BSM based upon award of the CIB.

3.  The applicant provides a document from his medical records and his DD
Form 214 (Report of Separation from the Armed Forces of the United States).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 August 1951.  The application submitted in this case
is dated      1 October 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 records are available but partially burned
(particularly the side of documents that would contain the date).

4.  The applicant enlisted in the Enlisted Reserve Corps around October
1948.

5.  On 16 September 1950, the applicant was ordered to active duty.  Most
of the documents with a legible date prior to September 1950 indicate he
was Infantry.  His DA Form 20 (Soldier’s Qualification Record), dated
September 1950, indicates he was a Light Weapons Infantryman.

6.  The applicant arrived in Korea on an unknown date.  On 4 March 1951, he
was wounded in action.  His medical records indicate he was an infantryman
and his organization was Company B, 32d Infantry Regiment, 7th Division.

7.  The applicant was honorably released from active duty on 31 August
1951.  His DD Form 214 shows he was awarded the Korean Service Medal with
two bronze service stars and the Purple Heart.  His DD Form 214 shows his
branch as Corps of Engineers and his specialty number as 4345 (Light
Vehicle Driver).

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the
CIB to a Soldier who is an infantryman satisfactorily performing infantry
duties, who is assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and who actively participates in such
ground combat.

9.  Army Regulation 600-8-22 provides for award of the BSM to members of
the armed forces who, after 6 December 1941 and prior to 3 September 1945,
have been cited in orders or in a formal certificate for meritorious or
exemplary conduct in ground combat against the armed enemy.  A citation in
orders for the Combat Infantryman Badge or Medical Badge awarded in the
field during the period of actual combat against the armed enemy is
considered as a citation for exemplary conduct in ground combat.

10.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, it states 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.

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.  Although the applicant’s DD Form 214 shows his branch as Corps of
Engineers and his specialty number as 4345 (Light Vehicle Driver), the
preponderance of the evidence of record shows he served as an infantryman
in
an infantry unit while in Korea.  He was wounded in action and awarded the
Purple Heart, indicating he satisfactorily performed the duties of an
infantryman.  Any reasonable doubt should be resolved in his favor;
therefore, it appears he met the eligibility criteria for award of the CIB.

2.  The applicant requested award of the BSM based upon award of the CIB.
Award of the BSM for that reason is only authorized for Soldiers who were
awarded the CIB after 6 December 1941 and prior to 3 September 1945.
Therefore, the applicant did not meet the eligibility criteria for award of
the BSM based upon award of the CIB.

3.  The applicant met the eligibility criteria for award of the United
Nations Service Medal and the ROK-KWSM.  These awards should be added to
his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1951; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         30 August 1954.  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:

________  ________  ________  GRANT FULL RELIEF

__wdp___  __wfc___  __ded__  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 the DD Form 214 of the
individual concerned be corrected by adding the Combat Infantryman Badge,
the United Nations Service Medal, and the Republic of Korea - Korean War
Service Medal.

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
award of the Bronze Star Medal based upon award of the Combat Infantryman
Badge.




                            __William D. Powers___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014698                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070426                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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