RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  
	DOCKET NUMBER:  AR20070014501 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Infantryman Badge (CIB), the Bronze Star Medal with “V” Device, and the Purple Heart with 1st Oak Leaf Cluster.

2.  The applicant states, in effect, that the CIB, the Bronze Star Medal with “V” Device, and the Purple with 1st Oak Leaf Cluster were not annotated on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, and a copy of pages 4 and 5 of Headquarters, 2nd Infantry Division General Orders Number 90, dated
18 November 1950.

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 enlisted in the Regular Army on 
19 January 1949.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 3795 (Tank Commander).  The highest grade held was Sergeant (E-5).

3.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows that he earned the Purple Heart, the Bronze Star Medal, the Korean Service Medal with Bronze Service Stars, and the Republic of Korea (ROK) Presidential Unit Citation.  

4.  On 5 June 1952, the applicant was honorably discharged from active duty after completing a total of 3 years, 4 months, and 18 days of active military service.  

5.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 shows the entries:  “burned on all parts of body –Tongan, Korea, 21 September 1950 and shot by machine gun – place unknown 26 January 1951.”

6.  The Korean War Casualty File shows that the applicant was otherwise seriously wounded in action and hospitalized on 21 September 1950 in the ROK and was again seriously wounded in action by a missile and hospitalized on
24 January 1951 in the ROK.

7.  Pages 4 and 5 of General Order Number 90, Headquarters, 2nd Infantry Division, dated 18 November 1950, submitted by the applicant states that the applicant distinguished himself by heroic achievement on 21 September 1950 while under enemy attack.  

8.  There are no orders in the available records which show the applicant was awarded the Bronze Star with “V” Device.

9.  There are no orders in the available records which show the applicant was awarded the CIB.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by medical personnel.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  This regulation also states that there are no time limitations on requests for award of the Purple Heart.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

12.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  
Although more than one award of the Army Commendation Medal or the Air Medal or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one “V” device may be worn on awards of the Army Commendation Medal, or the Air Medal or the Bronze Star Medal for heroism.

13.  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.

14.  A review of the applicant's record reveals that he may be entitled to additional awards that are not shown on his DD Form 214. 

15.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

16.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart with 1st Oak Leaf Cluster, the Bronze Star with “V” Device, and the CIB.  

2.  The Korean War Casualty Roster shows the applicant was seriously wounded in action in Korea on 21 September 1950 and 24 January 1951.  Therefore, his records should be corrected to show the award of the Purple Heart with 1st Oak Leaf Cluster.

3.  Records show 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.

4.  Records show 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.  There is no evidence of record nor has the applicant submitted any evidence that shows he was awarded the Bronze Star Medal with “V” Device.  There are no general orders that show the applicant was awarded the Bronze Star Medal with “V” Device.  In the absence of such evidence, there is insufficient basis to grant award of the Bronze Star Medal with “V” Device.

6.  Evidence of the applicant's military service record shows that he did not possess one of the requisite military occupational specialties or serve in an infantry position required to qualify for award of the Combat Infantryman Badge or Expert Infantryman Badge.  The applicant's records are absent evidence that he served as an infantryman in action against the enemy and the applicant has failed to provide any such evidence in support of his claim.  Therefore, he is not entitled to award of the Combat Infantryman Badge.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  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 
awarding the applicant the Purple Heart with 1st Oak Leaf Cluster for wounds 
received in action in Korea on 21 September 1950 and 24 January 1951, the Republic of Korea War Service Medal, and the National Defense 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 with “V” Device and the Combat Infantryman Badge.




      _________x_____________
                CHAIRPERSON

      

ABCMR Record of Proceedings (cont)                                         AR20070014501



2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508