IN THE CASE OF:	  

		BOARD DATE:	  24 July 2008

		DOCKET NUMBER:  AR20080006943 


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, that Item 24c (Foreign and/or Sea Service) and Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214 ) for the period ending 25 January 1959, be corrected to show his foreign service for Korea and the award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that his DD Form 214 does not reflect the period he served in Korea in 1952, with the 65th Infantry Regiment.  He also states that while he was in Korea he was awarded the Combat Infantryman Badge, but it is not shown on his DD Form 214.

3.  The applicant does not provide any additional 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 personnel record shows he enlisted in the Regular Army on 23 February 1947 for 3 years.  He completed the necessary training and was awarded the military occupational specialty (MOS) 348 (Parts Clerk, Automotive). 

3.  The applicant served continuously on active duty until he was honorably discharged on 24 February 1950.  He immediately reenlisted on 25 February 1950 for 6 years and served in MOS 951.70 (Military Policeman).

4.  His service record shows he served with the Medical Company and Tank Company, 65th Infantry Regiment, in the Republic of Korea during the period  
1 June 1952 to 10 March 1953.  He was honorably discharged from active duty on 25 January 1959.  His DD Form 214 shows he completed 14 years, 4 months, and 20 days of Total Active Service.

5.  Item 24c of his DD Form 214 contains no entry for foreign service credit.

6.  Item 26 of his DD Form 214 shows the entry National Defense Service Medal, Expert Marksmanship Qualification Badge with Pistol Bar and the Sharpshooter Marksmanship Qualification Badge with Carbine Bar.  However, it does not show the award of the Combat Infantryman Badge.

7.  Section 9 (Medals, Decorations, and Citations) of the applicant's service record shows that the applicant was awarded the Combat Infantryman Badge by Headquarters, 65th Infantry Regiment, Special Orders Number 162, dated  
13 August 1952.  This same section shows that the applicant was awarded the Korean Service Medal based on Department of the Army General Orders 39, dated 11 April 1952 and the United Nations Service Medal by Circular 20, Headquarters, Far East Command (FECOM), dated 3 April 1952.

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.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Korea, he participated in the Korea, Summer-Fall 1952 (1 May 1952 to 30 November 1952) and Third Korea Winter (1 December 1952 to 30 April 1953) Campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Korean Service Medal for participation in each campaign.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed be entered in Item 24c, e.g., "Korea."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that Item 24c and Item 26 of DD Form 214 for the period ending 25 January 1959 should be corrected to show his foreign service for Korea and the award of the Combat Infantryman Badge.

2.  The applicant's service record shows he served with a Medical Company and Tank Company, 65th Infantry Regiment, in the Republic of Korea during the period 1 June 1952 to 10 March 1953.  However, his record does not contain a copy of his DD Form 214 for that period of service. 

3.  Army Regulation 635-5 states that you enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed.  Therefore, he is not entitled to correction of his records to show "Korea," 11 Months and 10 days in Item 24c of his DD Form 214 for the period ending 25 January 1959.

4.  The applicant's service record shows that he was awarded the Combat Infantryman Badge based on Headquarters, 65th Infantry Regiment, Special Orders Number 162, dated 13 August 1952.  Therefore, he is entitled to correction of his records to show the award of the Combat Infantryman Badge in Item 26 of his DD Form 214 for the period ending 25 January 1959.

5.  Evidence further shows that the applicant was awarded the Korean Service Medal based on Department of the Army General Orders 39, dated 11 April  
1952 and the United Nation Service Medal by Circular 20 Headquarters, FECOM, dated 3 April 1952.  Therefore, he is entitled to correction of his records to show these awards in Item 26 of his DD Form 214 for the period ending  
25 January 1959.
6.  Evidence shows that the applicant served in the Republic of Korea during the period 1 June 1952 to 10 March 1953.  Therefore, he is entitled to correction of his records to show the Republic of Korea War Service Medal.

7.  Evidence shows that the applicant participated in two campaigns during his service in the Republic of Korea.  Therefore, he is entitled to two bronze service stars to be affixed to his Korean Service Medal.

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 showing award of the Combat Infantryman Badge, United Nation Service Medal, Korea War Service Medal, and two bronze service stars affixed to the Korean Service Medal in Item 26 of his DD Form 214 for the period ending 25 January 1959.

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 the "Korea,"11 months and 10 days in Item 24c of his DD Form 214 for the period ending 25 January 1959.



      _________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)                                         AR20080006943



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ABCMR Record of Proceedings (cont)                                         AR20080006943



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