RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 September 2007
	DOCKET NUMBER:  AR20070005648 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Thomas A. Pagan

Chairperson

Mr. Eric N. Anderson

Member

Mr. Paul M. Smith

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 correction of his records to show awards of the Combat Infantryman Badge (CIB) and the Presidential Unit Citation (PUC).

2.  The applicant states, in effect, that he was assigned to the Heavy Machine Gun Platoon of Company M, 35th Infantry Regiment during the Korean War.  He further states that he recently became aware of General Orders awarding this unit the Presidential Unit Citation.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States), Excerpt from Department of the Army General Orders Number 35, dated 8 April 1952, and WD AGO Form 8-24 (Hospital Release Register Card) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's complete military records are not available 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, the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows that he was inducted in the Army of the United States and entered active duty on 15 March 1951 in Des Moines, Iowa, in military occupational specialty (MOS) 1812 (Heavy Weapons Infantry Leader).  This form also shows that he was assigned to Company M, 35th Infantry Regiment, 25th Infantry Division.

4.  The applicant's DD Form 214 shows he completed 1 year, 9 months, and 1 day of creditable service, of which 10 months and 19 days was foreign service. The applicant was released from active duty on 15 December 1952.

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Combat Infantryman Badge, the Korean Service Medal with two bronze service stars, the United Nations Medal, and one Overseas Service Bar.  Item 27 does not show the applicant was awarded the Presidential Unit Citation.

6.  Department of the Army, General Orders Number 35, dated 8 April 1952, show that the Heavy Machine Gun Platoon, Company M, 35th Infantry Regiment, was awarded the Distinguished Unit Citation, (currently known as the Presidential Unit Citation), for outstanding performance of duty and extraordinary heroism against the enemy in the Republic of Korea during the period 6 September 1951 through 8 September 1951.

7.  Items 26 (Foreign and/or Sea Service) and 27 of the applicant's DD Form 214 imply that he served in the Republic of Korea for a period of 10 months and 19 days during his military service (15 March 1951 through 15 December 1952).

8.  The applicant's WD AGO 8-24 shows that he was hospitalized on 10 April 1951, at the U.S. Army Hospital, Fort Riley, Kansas, for a period of 7 days.

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



10.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

11.  The applicant's records show that he is entitled to additional awards that are not listed on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea 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:  (1) while on permanent assignment; (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.

13.  Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, inclusive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled for award of the Combat Infantryman Badge and the Presidential Unit Citation.

2.  Evidence of record shows that the applicant was awarded the Combat Infantryman Badge and that it is already shown on his DD Form 214.  Therefore, there is no further action required on this issue. 

3.  The applicant's records show that he served in the Republic of Korea for a period of 10 months and 19 days during his military service.  However, there is no record of the exact dates he served there.  Although the applicant's unit of assignment was awarded the Presidential Unit Citation for heroism during the period 6 September 1952 through 8 September 1952, there is no evidence that the applicant was serving in Korea or assigned to that unit during the period indicated by the Presidential Unit Citation.


4.  The applicant's records show that the applicant served a qualifying period of service for award of the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his records to show this award.

5.  The applicant's records show that the applicant served a qualifying period of service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

6.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__tap___  __ena___  __pms___  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 to award the Presidential Unit Citation.

2.  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 National Defense Service Medal and the Republic of Korea War Service Medal.


						Thomas A. Pagan
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070005648
SUFFIX

RECON

DATE BOARDED
20070913
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.