RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 October 2007
      DOCKET NUMBER:  AR20070009212


      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. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, he was in combat and there is no
combat or infantry badge included in his awards.

3.  The applicant provides no additional documentary evidence 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 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 (NPRC) 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.  This case is
being considered using reconstructed records, which primarily consist of
the applicant's separation document (DD Form 214) and various documents in
his NPRC file.

3.  The applicant's DD Form 214 shows he was inducted into the Army and
entered active duty on 14 March 1951.  It further shows he held the rank of
private first class (PFC), which he had attained on 20 January 1952, on the
date of his separation.  Item 5 (Specialty Number or Symbol) shows he held
the military occupational specialty (MOS) 4345 (Light Truck Driver).  Item
28 (Most Significant Assignment) lists the 21st Transportation Car Company,
Korea.

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows he earned the Korean Service Medal (KSM) with 2 bronze service stars
and the United Nations Service Medal (UNSM).  The applicant authenticated
the
DD Form 214 with his signature in Item 48 (Signature of Person Being
Separated) on 28 February 1953, the date of his honorable release from
active duty.

5.  An ABCMR Letter, with accompanying DA Form 1577 (Authorization for
Issuance of Awards), dated 6 May 1993, confirms that based on his active
duty service and service in Korea, the applicant is entitled to the
following awards:  National Defense Service Medal (NDSM); KSM with 2 bronze
service stars; UNSM; Army Good Conduct Medal (AGCM), and Republic of Korea
Presidential Unit Citation.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.
 It states, in pertinent part, that there are three basic requirements for
the CIB.  The member must be an infantryman holding an infantry MOS and be
performing infantry duties, he must be serving in a qualifying infantry
unit of brigade, regimental, or smaller size, and he must be personally
present and participate with the unit while it is actively engaged in
ground combat with hostile forces.  The regulation stipulates that service
in a combat area and battle and campaign participation alone does not
qualify a member for the CIB.

7.  Paragraph 8-7 of the awards regulation provides guidance on awarding
the Combat Medical Badge (CMB).  It states that it is awarded to medical
department personnel (colonel and below) who are assigned or attached to a
medical unit of company or smaller size that is organic to an infantry unit
of brigade, regimental or smaller size which is engaged in active ground
combat.  Battle participation credit is not sufficient; the infantry unit
must have been in contact with the enemy and the Soldier must have been
personally present and under fire during such ground combat.

8.  Paragraph 8-8 of the awards regulation provides guidance on the Combat
Action Badge (CAB).  It states, in pertinent part, that the Chief of Staff,
Army, approved the creation of the CAB to provide special recognition to
Soldiers who personally engaged, or are engaged by the enemy.  The
requirements for award of the CAB are Branch and MOS immaterial.  The
regulation specifically stipulates that retroactive awards of the CAB are
not authorized prior to
18 September 2001.
9.  Paragraph 9-16 of the awards regulation provides guidance on award of
the Republic of Korea War Service Medal.  It states, in pertinent part,
that it is authorized for service in Korea between 25 June 1950 and 27 July
1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have received a CIB or other
combat badge was carefully considered.  However, by regulation, in order to
support award of the CIB the member must have been serving in an infantry
MOS in a qualifying infantry unit of brigade, regimental or smaller size.
The evidence confirms the applicant served in a driver MOS and served in a
transportation unit while serving in Korea.  As a result, the regulatory
burden of proof necessary to support award of the CIB has not been
satisfied in this case.

2.  The evidence also shows that during the period the applicant served
there were no combat badges other than the CIB and CMB authorized.
Although the CAB was authorized for combat service for branch immaterial
MOSs on or after 18 September 2001, the governing regulatory policy
specifically stipulates that retroactive awards of the CAB are not
authorized prior to 18 September 2001.  As a result, there was no combat
badge authorized to be awarded to the applicant at the time he served and
as a result there is an insufficient evidentiary basis to support granting
the requested relief.

3.  The evidence does show that based on his active duty service and
service in Korea, the applicant is entitled to the following awards that
were not included in his separation document:  NDSM; AGCM; Republic of
Korea Presidential Unit Citation and Republic of Korea War Service Medal,
as evidenced by the 1993 ABCMR letter and the governing awards regulation.
The omission of these awards from his separation document is an
administrative matter that does not require Board action.  Therefore, the
Case Management Support Division (CMSD), St. Louis, Missouri, will
administratively correct his record as outlined in paragraph 2 of The BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__HOF__  __WB ___  __MJF___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice related to the award of a combat badge.  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.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show his entitlement to the National Defense Service Medal,
Army Good Conduct Medal. Republic of Korea Presidential Unit Citation, and
the Republic of Korea War Service Medal; and by providing him a correction
to his separation document that includes these awards.

3.  The applicant and all others concerned should know that this action in
no way diminishes the sacrifices made by the applicant in service to our
Nation.  The applicant and all Americans should be justifiably proud of his
service in arms.




                                  _____Hubert O. Fry_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070009212                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/10/23                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1953/02/28                              |
|DISCHARGE AUTHORITY     |SR 615-363-5                            |
|DISCHARGE REASON        |PETS                                    |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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