IN THE CASE OF:	  

		BOARD DATE:	       23 December 2008

		DOCKET NUMBER:  AR20080010064 


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 that he be awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, that he received no recognition as an infantryman despite being wounded in action.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and a membership application from the Combat Infantrymen's Association.

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 entered active duty on 29 December 1947, completed training, and was awarded the military occupational specialty (MOS) 4745 (Rifleman).
3.  He served in Korea with Company E, 38th Infantry Regiment, 2nd Infantry Division, from 4 July 1950 through 31 August 1950.

4.  An FEC AGO Form 241 (Casualty Report) shows that, on 31 August 1950, the applicant was wounded in action by a grenade during an enemy attack.  He sustained penetrating shrapnel wounds to both legs, his back, stomach, and left foot.  The injuries necessitated an amputation of his right leg at a level of the middle to lower third of his leg.

5.  On 30 June 1951, the applicant was placed on the permanent disability retirement list with a 50 percent disability evaluation.

6.  The available records do not contain any significant information related to the applicant's period of service prior to his being wounded on 31 August 1950.

7.  His DD Form 214 lists his awards as the Purple Heart, the United Nations Ribbon (Medal), and the Korea Campaign Ribbon.  [Since no Korea Campaign Ribbon or Medal exists, it is presumed that the medal awarded was the Korean Service Medal].

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that while the applicant was assigned to the 38th Infantry Regiment, 2nd Infantry Division, it was credited with participation in one campaign.

9.  Army Regulation 600-8-22 (Military Awards) sets forth the policy and procedures for award of military awards and decorations.  In pertinent part it provides the following: 

	a.  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 and have 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;

	b.  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; 

	c.  that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954;

   d.  that a bronze service star is authorized based on qualifying service for each campaign listed in Appendix B of this regulation, and that authorized bronze service stars will be worn on the appropriate service medal; and
   
   e.  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.
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant is shown to have been serving in an infantry MOS in an infantry unit at the time he was wounded in action.  Based on these factors the applicant qualifies for award of the Combat Infantryman Badge.

2.  The applicant's DD Form 214 incorrectly lists the Korean Service Medal as a Korean Campaign Ribbon.  This error should be corrected to show the proper medal.

3.  The applicant's record shows he was awarded the Korean Service Medal.  Additionally, records show the applicant participated in one campaign while serving in the Republic of Korea.  Therefore, he is entitled to award of one bronze service star to be affixed to the Korean Service Medal.

4.  In addition to the awards listed on the DD Form 214, the applicant is also authorized award of the National Defense Service Medal and the Republic of Korea War Service Medal.

BOARD VOTE:

____X___  ____X___  ____X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 showing that in addition to the awards listed on the DD Form 214, the applicant is authorized award of the National Defense Service Medal, the Korean Service Medal with one bronze service star (in lieu of the Korea Campaign Ribbon now listed), the Combat Infantryman Badge, and 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)                                         AR20080010064



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ABCMR Record of Proceedings (cont)                                         AR20080010064



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