RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2007
	DOCKET NUMBER:  AR20060015418 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Patrick H. McGann, Jr. 

Member

Mr. Gerald J. Purcell

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 a second Combat Infantryman Badge for his service in the Republic of Korea. 

2.  The applicant states that he was assigned to the Republic of Korea for a second time from 10 to 24 July 1954.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 24 July 1954, the date of his release from active duty.  The application submitted in this case is dated 16 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 military records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

4.  On 7 October 1952, the applicant was inducted into the Army of the United States.  He completed his initial training and was assigned for duty as a crewman with the Tank Company, 65th Infantry Regiment, in the Republic of Korea

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows his awards as the Korean Service Medal with two bronze service stars, United Nations Service Medal, National Defense Service Medal, Combat Infantryman Badge, and the Army Good Conduct Medal.

6.  He served overseas for 1 year, 3 months, and 29 days.  However, there is no available evidence showing that this overseas service was divided into two different tours of duty.

7.  On 24 July 1954, the applicant was honorably released from active duty.  He had completed 1 year, 9 months, and 18 days of creditable active duty.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The regulation also states:  “To date, a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of three conflicts:  World War II (7 December 1941 to
3 September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam Conflict.  Service in the Republic of Vietnam conflict (after 1 March 1961) combined with qualifying service in Laos (19 April 1961 to 6 October 1962), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the DMZ (after 4 January 1969), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War
(17 January to 11 April 1991) is recognized by one award only regardless of whether a Soldier had served one or multiple tours in any or all or these areas.”

9.  Army Regulation 600-8-22 provides for award of the Republic of Korea –Korean War Service Medal (ROK-KWSM).  In pertinent part, the regulation states that the ROK-KWSM 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: (1) While on permanent assignment; or (2) 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 (3) 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.  The available evidence clearly shows that the applicant served in the Republic of Korea between 7 October 1952 and 24 July 1954, and was awarded the Combat Infantryman Badge during this overseas duty.

2.   Subsequent awards of the Combat Infantryman Badge are not authorized for multiple tours of duty in the same combat area. 
3.  In view of the above, the applicant's request should not be granted.

4.  The applicant served in the Republic of Korea and was awarded the Korean Service Medal.  Therefore, his records should be corrected to show award of the Republic of Korea – Korean War Service Medal.

5.  Evidence shows that the applicant’s records contain administrative error which does 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.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 July 1954; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
23 July 1957.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JEV___  __PHM__  __GJP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 error 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 Republic of Korea – Korean War Service Medal.





__       James E. Vick  ____
          CHAIRPERSON




INDEX

CASE ID
AR20060015418
SUFFIX

RECON

DATE BOARDED
20070424
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.

3.

4.

5.

6.