IN THE CASE OF:	  

		BOARD DATE:	       19 FEBRUARY 2009

		DOCKET NUMBER:  AR20080011388 


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 (CIB) and the United Nations Service Medal (UNSM).

2.  The applicant states that these awards were not recorded due to an administrative error.  

3.  The applicant provides a letter of support, dated 28 June 2007; Special Orders Number 42, dated 6 March 1952 awarding him the CIB; his Honorable Discharge Certificate, dated 18 September 1956; his DD Form 214; and a copy of a fellow Soldier's DD Form 214 in support of his application.

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 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 applicant’s 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.  His DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 10 November 1950.  He served in Korea and completed 1 year, 3 months, and 6 days of foreign service.  The dates he served in Korea are not available.  His DD Form 214 shows he was assigned to Company I, 179th Infantry Regiment.

4.  Headquarters, 179th Infantry, Special Orders Number 42, dated 6 March 1952, show the applicant was awarded the CIB.  

5.  The applicant was released from active duty on 4 September 1952 under the provisions of Army Regulation 615-365 with issuance of a general under honorable conditions discharge and transferred to the Enlisted Reserve Corps (ERC) to complete his remaining Reserve obligation.  At the time of his release from active duty he had completed 1 year, 9 months, and 25 days of active military service.

6.  His DD Form 214 shows he was awarded the Korean Service Medal with one bronze service star and the Army of Occupation Medal (Japan).  

7.  The applicant provided statements from a former fellow Soldier in support of his application.  The individual stated he was the Assistant Squadron Leader of the Fourth Squadron, First Platoon of Company I, 179th Infantry Regiment, 45th Infantry Division.  He was acquainted with the applicant during the Korean Conflict during 1950, 1951, and 1952.  He also stated the applicant was a rifleman in the First Squadron, First Platoon of Company I, 179th Infantry Regiment, 45th Infantry Division and served with this unit during his training at Fort Polk, LA, Japan, Korea, and until he was released from active service.  The former fellow Soldier stated the applicant was entitled to wear the Army of Occupation Medal (Japan), the Korean Service Medal with one bronze service star, the United Nations Service Medal, the Combat Infantryman Badge, the Army Good Conduct Medal, the National Defense Service Medal, and in effect, the Republic of Korea War Service Medal.



8.  Army Regulation 600-8-22 (Military Awards) provides for award of the UNSM.  In pertinent part, the regulation states that the period of eligibility for the UNSM was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United 
States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the UNSM.

9.  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 1954.  The service prescribed must have been performed as follows:

   a.  while on permanent assignment;

   b.  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 

   c.  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.  Special orders show the applicant was awarded the CIB in March 1952.  Therefore, his DD Form 214 should be amended to show this badge.  

2.  The applicant served a period of qualifying service in Korea and was awarded the Korean Service Medal with one bronze service star.  Therefore, he is eligible for award of the UNSM and the ROKWSM and correction of his DD Form 214 to show these awards.

BOARD VOTE:

________  ________  ________  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 the CIB, the UNSM, and the ROKWSM.



      ______________________
               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)                                         AR20080011388



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ABCMR Record of Proceedings (cont)                                         AR20080011388



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