IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080004965 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Combat Action Ribbon (sic) [Combat Infantryman Badge].   

2.  The applicant states that all of Korea was considered a combat zone.  He was shot at and believes that he should have this award. 

3.  The applicant provides no supporting documentation. 

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 for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant’s DD Form 214 shows that he was inducted into the Army of the United States on 20 March 1952.  His branch was the Corps of Engineers.  His military occupational specialty (MOS) is not shown on his DD Form 214.  His most significant duty assignment was with the Headquarters and Service Company, 434th Engineer Construction Battalion. 

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists the National Defense Service Medal, Korean Service Ribbon [Medal] with three bronze service stars, and the United Nations Service Medal.  It does not list the Combat Infantryman Badge. 

5.  On 9 March 1954, the applicant was released from active duty and transferred to the United States Army Reserve.  He had completed 1 year, 11 months, and 20 days of active duty service.  He served overseas for a period of 1 year, 6 months, and 1 day.

6.  Appendix B of Army Regulation 600-8-22 provides the dates of the campaigns for service in the Republic of Korea.  The following three campaigns: Korean Summer-Fall 1952 (1 May to 30 November 1952); the Third Korean Winter (1 December 1952 to 30 April 1953); and the Korean Summer 1953 (1 May to 27 July 1953) occurred during the applicant’s term of military service. This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.

7.  Army Regulation 600-8-22 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.

8.  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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he was assigned to the Republic of Korea for approximately 18 months and that participated in three campaign periods.  It further shows that he was with the Corps of Engineers and served with the 434th Engineer Construction Battalion.  There is no substantiating evidence to show that he held an infantry MOS or was assigned or attached to an infantry unit of brigade or smaller size, or that he was engaged in active ground combat with such a unit.  Therefore, the applicant's request for award of the Combat Infantryman Badge should be denied.

2.  The applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show this award.

3.  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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X ___  ___X____  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.

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 award of the Republic of Korea War Service Medal.




__________ _X    _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080004965



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