IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080010215
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 correction of his military records to show award of the Combat Infantryman Badge and the Korea Defense Service Medal. (He requests, in effect, award of the Republic of Korea War Service Medal).
2. The applicant states, in effect, that he was awarded the Combat Infantryman Badge in Korea while assigned to an infantry line company. The award was not included in his service records.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) with the period ending 1 December 1954.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 applicants records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214.
3. The applicant's DD Form 214 with the period ending 1 June 1954 shows he was inducted and entered active duty on 19 June 1952. He was released from active duty on 1 June 1954. Item 4 (Component and Branch or Class) shows infantry. Item 26 (Foreign and/or Sea Service) shows 1 year, 2 months, and 15 days. Item 27 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, the United Nations Service Medal, and the Korean Service Ribbon with two bronze service stars. Item 28 (Most Significant Duty Assignment) shows Headquarters Company, 25th Infantry Division.
4. There are no orders in the applicant's service personnel records awarding him the Combat Infantryman Badge.
5. 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.
6. Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
7. Army Regulation 600-8-22 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. Evidence of record shows that the applicant was awarded an infantry MOS and served in an infantryman unit. However, there is insufficient evidence to show he served in active ground combat in Korea and thus insufficient evidence to show he is eligible for the Combat Infantryman Badge.
2. The period of eligibility for award of the Korea Defense Service Medal began on 28 July 1954. Unfortunately, the applicant was released from active duty service on 1 June 1954. Therefore, he is not eligible for award of the Korea Defense Service Medal.
3. The applicant met the eligibility criteria for award of the Republic of Korea War Service Medal. Therefore, his DD Form 214 should be amended to add this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___xx___ __xx____ ___xx___ 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 amending item 27 of his DD Form 214 to add the Republic of Korea War 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 adding the Combat Infantryman Badge and the Korea Defense Service Medal to his DD Form 214.
_______ _ xxxx_____ ___
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) AR20080010215
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080010215
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110018068
The applicant requests correction of the DD Form 214 (Report of Separation from the Armed Forces of the United States) of his father, a former service member (FSM), to show award of the Combat Infantryman Badge (CIB), National Defense Service Medal, and United Nations Service Medal. The FSM's service dates in Korea are not known; however, he was issued a DD Form 214 that credited him with completing 8 months and 13 days of foreign service and showing he was assigned to Company L, 34th...
ARMY | BCMR | CY2010 | 20100013380
The applicant requests, in effect, award of the Combat Action Ribbon, Korea War Service Medal, Republic of Korea Presidential Unit Citation, Korea Defense Service Medal, Combat Infantryman Badge, and Presidential Unit Citation. The applicant's military records are not available to the Board for review. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the...
ARMY | BCMR | CY2011 | 20110003097
The applicant requests the Korean Service Medal, Combat Infantryman Badge, Army Good Conduct Medal, and any other awards to which he might be entitled added to his DD Form 214 (Report of Separation from the Armed Forces of the United States). He served a period of qualifying service for award of the National Defense Service Medal and Republic of Korea War Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2013 | 20130001254
Army Regulation 600-70 (Badges), dated 15 April 1948, stated the Combat Infantryman Badge was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Combat...
ARMY | BCMR | CY2006 | 20060009839
The application submitted in this case is dated 25 April 2006 and was received on 10 July 2006. On 4 August 1999, the Army Board for Correction of Military Records (ABCMR) recommended correction of the applicant's records to show award of the Purple Heart and the Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing he was awarded the Combat Infantryman Badge on 7 April 1951; b. by awarding him...
ARMY | BCMR | CY2007 | 20070000543
The applicant requests correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Purple Heart, Combat Infantryman Badge and the Prisoner of War Medal. On 17 July 2006, the Chief, Military Awards Branch, United States Army Human Resources Command, Alexandria, Virginia, determined that the applicant was entitled to award of the Purple Heart, Combat Infantryman Badge, Prisoner of War Medal, Korean Service Medal with one bronze service...
ARMY | BCMR | CY2006 | 20060011574
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 March 2007 DOCKET NUMBER: AR20060011574 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. The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicants military records are not available to the Board for review.
ARMY | BCMR | CY2008 | 20080017956
The applicant requests his DD Form 214 (Report of Separation from the Armed Forces of the United States) reflect he was awarded a Purple Heart for wounds received during the Korean War. There is no record of his honorable service (i.e., DD Form 214) from 1947 to 30 September 1951. The applicants records should contain two DD Forms 214, the first one for the period 11 December 1947 through 30 September 1951, and the second one for the period 1 October 1951 through 23 January 1954.
ARMY | BCMR | CY2007 | 20070011754
The applicants military records are not available to the Board for review. Based on the applicant's date of injury on 26 August 1951 while serving in the Republic of Korea during the Korean War, Table B-1 of Army Regulation 600-8-22 shows he served in the United Nations Summer-Fall Offensive Campaign (9 July 1951 to 27 November 1951). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the Purple Heart for...
ARMY | BCMR | CY2006 | 20060001725C070205
Rea Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Evidence of record shows that the applicant served in the Republic of Korea during the period of eligibility for award of the Republic of Korea - Korean War Service Medal; therefore, he is entitled to award of the Republic of Korea - Korean War Service Medal, and correction of his military records to show this award. Therefore, the Board requests that...