RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 November 2007
      DOCKET NUMBER:  AR20070008201


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Gerald J. Purcell             |     |Member               |
|     |Mr. John G. Heck                  |     |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, in effect, that his record be corrected to show
his entitlement to the Combat Infantryman Badge (CIB), Korean Service Medal
(KSM) with 3 bronze service stars, United Nations Service Medal (UNSM), and
National Defense Service Medal (NDSM); and to show his rank as sergeant
(SGT).

2.  The applicant states, in effect, that he never received his CIB because
he was wounded and hospitalized for 9 months.  He also never received the
other medals due to being hospitalized.  He claims that he was a squad
leader and was required to wear SGT stripes and was told he would get his
rank when discharged; however, he never received his SGT rank.

3.  The applicant provides his separation document (DD Form 214) 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 record shows that he was inducted into the Army and
entered active duty on 16 May 1952.  He was trained in and awarded military
occupational specialty (MOS) 1745 (Light Weapons Infantryman).

3.  The applicant's Enlisted Qualification Record shows, in Item 46 (Record
of Current Service), that while serving in Korea, from 14 November 1952
through
7 March 1953, he was assigned to Company E, 31st Infantry Regiment,
performing duties in MOS 1745 as an automatic rifleman.

4.  On 7 March 1953, the applicant was wounded in action in Korea and
entered a patient status at the 382nd General Hospital in Korea, and was
later medically evacuated to the United States on 9 May 1953.

5.  The applicant's Service Record (DD Form 230) shows in Section 2
(Appointments, Promotions, or Reductions) that he was advanced to private/E-
2 (PV2) on 16 September 1952, and that this is the highest rank he attained
while serving on active duty.  Section 9 (Medals, Decorations, and
Citations) shows that he earned the following awards during his active duty
tenure:  NDSM; KSM with 3 bronze service stars; UNSM; and Purple Heart
(PH).

6.  Section 17 (Endorsements) of the applicant's DD Form 230 shows he
received no less than "Excellent" conduct and efficiency ratings at his
active duty assignments and his record is void of any derogatory
information or a unit commander disqualification that would have precluded
him from receiving the Army Good Conduct Medal (AGCM).  His record is also
void of any documentation or orders that indicate he was ever recommended
for or promoted to SGT by proper authority while serving on active duty.

7.  On 15 February 1954, the applicant was honorably released from active
duty after completing 1 year and 9 months of active duty service.  The DD
Form 214 he was issued at the time shows his rank as PV2 in Item 3 (Grade,
Rate or Rank).  Item 27 (Decorations, Medals, Badges, Commendations,
Citations and Campaign Ribbons Awarded or Authorized) shows he earned the
following awards:  KSM with 3 bronze service stars; PH; UNSM; and NDSM.
The applicant authenticated this document with his signature in Item 48
(Signature of Person Being Separated) on the date of his separation.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Chapter 4 of the awards regulation prescribes the policy for award
of the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service on
or after 27 June 1950, in which case a period of more than 1 year is a
qualifying period.  Although there is no automatic entitlement to the AGCM,
disqualification must be justified.

9.  Chapter 8 of the awards regulation provides guidance on the CIB.  It
states, in pertinent part, that there are three basic requirements for the
CIB.  A member 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. Campaign or battle credit alone is not sufficient for award of the
CIB.  A recipient must be personally present and under hostile fire while
assigned infantry duty in a qualifying infantry unit of brigade, regimental
or smaller size, while the unit is actively engaged in ground combat with
the enemy.

10.  Paragraph 9-16 of the awards regulation provides guidance on the
Republic of Korea War Service Medal.  It states, in pertinent part, that
this award is authorized to members who served in Korea between 25 June
1950 and 27 July 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully
considered and found to have merit.  The evidence of record confirms the
applicant served as an infantryman in a qualifying infantry unit in Korea
from 14 November 1952 through
7 March 1953, at which time he was wounded in action while actively engaged
in ground combat with enemy forces.  Therefore, the regulatory burden of
proof necessary to support award of the CIB has been satisfied in this
case.  As a result, it would be appropriate to award the applicant the CIB
and to add this award to his record and separation document at this time.

2.  The applicant's record also confirms that he received "Excellent"
conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void of any derogatory information or a specific unit commander
disqualification that would have precluded him from receiving the AGCM.
Therefore, it would be appropriate to award him the AGCM for his qualifying
period of honorable active duty service from 16 May 1952 through 15
February 1954, and to add this award to his record and separation document
at this time.

3.  In addition, based on his service in Korea, the applicant is entitled
to the Republic of Korea War Service Medal, and this award should also be
added to his record and separation document at this time.

4.  The applicant's claim of entitlement to promotion to SGT was also
carefully considered.  However, the evidence of record shows the highest
rank the applicant attained while serving on active duty was PV2, and there
is no indication that he was ever recommended for or promoted to SGT while
serving on active duty.  As a result, there is an insufficient evidentiary
basis to support granting this portion of the requested relief.

5.  The KSM with 3 bronze service stars, UNSM and NDSM requested by the
applicant are properly documented in his record and separation document.
Therefore, no records correction action by the Board is necessary on these
matters.  The applicant is advised that medal sets are issued by the
Soldier System Team, United States Army Tank Automotive and Armaments
Command (USAAAC), Philadelphia, Pennsylvania, and that he may request these
awards along with the additional awards being authorized in this Record of
Proceedings by submitting a letter to the following address:  USAAAC, IMMC,
Soldier System Team, PO Box 57997, Philadelphia, PA  19911-7997.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__WDP _  __GJP  __  __JGH   _  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:

      a.  awarding him the Combat Infantryman Badge, for his qualifying
infantry service in Korea;

      b.  awarding him the Army Good Conduct Medal, for his qualifying
honorable active duty service from 16 May 1952 through 15 May 1954;

      c.  showing his entitlement to the Republic of Korea War Service
Medal for his service in Korea;

      d.  amending Item 27 of his DD Form 214 by adding the Combat
Infantryman Badge, Army Good Conduct Medal, and Republic of Korea War
Service Medal to the awards currently listed; and

      e.  providing him a correction to his separation document that
includes these changes.

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
promotion to sergeant and the issue of medal sets.




                                  _____William D. Powers___
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070008201                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/27                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1954/02/15                              |
|DISCHARGE AUTHORITY     |SR 615-363-5                            |
|DISCHARGE REASON        |Rel to USAR PETS                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.  1021                |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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