IN THE CASE OF:
BOARD DATE: 26 August 2008
DOCKET NUMBER: AR20080010609
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Infantryman Badge.
2. The applicant states that the badge was never put on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and orders for the Combat Infantryman Badge.
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, 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 on 12 November 1952. He served as an infantryman in Korea and was released from active duty on 12 November 1954.
4. The applicant's DD Form 214 shows the Korean Service Medal with one bronze service star, the United Nations Service Medal, the National Defense Service Medal, and the Republic of Korea Presidential Unit Citation as authorized awards.
5. Headquarters, 5th Regimental Combat Team Special Orders Number 168, dated 26 July 1953, show the applicant received the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROK-KWSM) 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. Orders show the applicant received the Combat Infantryman Badge.
2. The applicant served a period of qualifying service for award of the ROK-KWSM.
BOARD VOTE:
___xx___ __xx____ ___xx___ 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 adding the Combat Infantryman Badge and the ROK-KWSM on 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) AR20080010609
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ABCMR Record of Proceedings (cont) AR20080010609
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