RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20070017508 


	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 that he be awarded the Combat Infantryman Badge (CIB). 

2.  The applicant states, in effect, that he served as an infantryman in Korea with Company G, 15th Infantry Regiment, 3rd Infantry Division and was wounded in action on 17 July 1953.  He goes on to state that he was medically evacuated to Japan on or about 27 July 1953, the day the truce in Korea was signed and he believes that the failure to award him the CIB was the result of all of the confusion that was occurring at the time. 

3.  The applicant provides a copy of his DD Form 214 and his orders awarding him the Purple Heart. 

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 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.

3.  The applicant was inducted in Minneapolis, Minnesota on 6 December 1952.  He completed his training and was transferred to Korea for assignment to Company G, 15th Infantry Regiment.

4.  On 17 July 1953, while serving in the rank of private first class (PFC), he was lightly wounded in action in the left leg and hand and was subsequently evacuated to the 343rd General Hospital in Japan for treatment. 

5.  On 28 July 1953, the day after the armistice (cease-fire agreement) was signed, General Orders Number 29, published by Headquarters, 343rd General Hospital awarded the applicant the Purple Heart for wounds received in action against the enemy in North Korea on 17 July 1953.

6.  The applicant was subsequently transferred to Fort Carson, Colorado and was promoted to the rank of corporal on 30 March 1954.

7.  On 3 November 1954, he was honorably released from active duty (REFRAD) and was transferred to the United States Army Reserve to complete his statutory service obligation.  He had served 1 year, 10 months, and 28 days of total active service, of which 1 year, 5 months, and 8 days was spent overseas.  His DD Form 214 issued at the time of his REFRAD indicates that he was awarded the United Nations Service Medal, the Korean Service Medal with one bronze service star, the National Defense Service Medal, and the Purple Heart.  The applicant had no lost time.

8.  A review of the orders awarding the applicant the Purple Heart indicates that the applicant was an infantryman assigned to an infantry company.  The applicant is also listed on the Korean War Casualty Listing as being an infantry Soldier assigned to an infantry company.

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 establishes the criteria for award of the Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.  The regulation outlines the criteria for award of the Good Conduct Medal (GCMDL) and provides, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout their service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL.  Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.

11.  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.

12.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows that the applicant was assigned to a unit which was awarded the Republic of Korea Presidential Unit Citation (ROK-PUC) and the Bravery Gold Medal of Greece during the period he served with the unit. 


    
DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving as an infantryman in an infantry company in Korea at the time he was wounded as a result of enemy action on 17 July 1953.  Accordingly, he meets the criteria for award of the CIB and it would be in the interest of justice to award it to him at this time.  

2.  While the applicant’s conduct and efficiency ratings are not present in the available records, the available evidence of record shows that he was promoted to the rank of corporal and he had no lost time during his service; therefore, it is reasonable to presume that the applicant’s not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, the applicant should receive the AGCM at this time.
   
3.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the ROK-PUC, the Bravery Gold Medal of Greece, and the ROKWSM.
 
BOARD VOTE:

__XXX  __  __XXX__  __XXX__  GRANT FULL RELIEF 

________  ________  ________  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 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 CIB effective 17 July 1953, while serving in the rank of PFC;
      
      b.  awarding him the AGCM for the period of 6 December 1952 to 3 November 1954, while serving in the rank of corporal; and
      
      c.  awarding him the ROK-PUC, the Bravery Gold Medal of Greece, and the ROKWSM and by correcting his records accordingly. 	

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _____XXX_____
                 CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017508



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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