IN THE CASE OF:	  

	BOARD DATE:	  15 October 2008

	DOCKET NUMBER:  AR20080012009 


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, award of the Combat Action Ribbon.  He also asks that he be sent the medals and ribbons that he was awarded.

2.  The applicant states, in effect, that he served in combat, was wounded, and wants to show his family that he really was a combat Soldier.  He also says that he never received any of his awards.

3.  The applicant provides copies of his Report of Separation from the Armed Forces of the United States (DD Form 214); Dependency Certificate (DD Form 137-1); Separation Qualification Record (DA Form 493); and Special Orders Number 194, dated 26 September 1951, promoting him to sergeant.

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 requests the replacement of his lost badges and medals.  Army Retirees and Veterans who terminated their service prior to 1 October 2002 must submit requests for replacement awards to the National Personnel Records Center (NPRC), 9700 Page Avenue, St. Louis, Missouri 63132.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.  Requests submitted to the NPRC may be submitted via a letter or the Standard Form (SF) 180 (which can be obtained online).  Requests must include a copy of the retiree’s/veteran’s separation or discharge paperwork and any other supporting documentation to substantiate the request.  Based on the information provided, the applicant’s issue of replacement of lost badges and medals will not be discussed further in this proceeding.

3.  The applicant's military records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request. 

4.  The applicant’s DD Form 214, which is difficult to read, shows the following:

	a.  that his component and branch was Regular Army, Infantry;

	b.  that his rank was sergeant with a date of rank of 26 September 1951;

	c.  that he had enlisted on 25 November 1950 for 3 years, and was honorably discharged on 7 November 1953, after completing 2 years, 11 months, and 13 days of creditable service;

	d.  that he received shrapnel wounds to his left leg and arm on 
7 June 1951;

      e.  that his awards and decorations include the UNSM [United Nations Service Medal], CIBad [Combat Infantryman Badge], PH [Purple Heart], KSM W/3 BSS [Korean Service Medal with 3 bronze service stars], NDSM [National Defense Service Medal], and the GCM [Good Conduct Medal]; and

      f.  that his most significant duty assignment was with Company E, 
112th Infantry Regiment.
      
5.  The Dependency Certificate (DD Form 137-1), dated 31 December 1951, shows that the applicant was assigned at the time to Company A, 31st Infantry Regiment, in the Republic of Korea.

6.  The Separation Qualification Record (DA Form 493), dated 7 November 1953, shows that his principal military duty was as a light weapons infantryman and that he served as a rifleman and squad leader with Company E, 112th Infantry Regiment, in the Republic of Korea.  

7.  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. 

8.  The Combat Action Ribbon is a Department of Navy award presented to personnel who have served in combat action. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request indicates that he wants to receive the Combat Action Ribbon.  However, this is a Department of Navy award.  More likely, the applicant is asking for award of the Combat Infantryman Badge, which he has already received, but may not know it because he can not read or understand his 
DD Form 214.  Therefore, it would be appropriate to correct this document by deleting the abbreviated award entries and spelling out the title to each award. 

2. The applicant served during a qualifying period for award of the Republic of Korea War Service Medal.  Therefore, his records should be corrected to show this award.
 







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:

	a.  deleting all award entries as shown on his DD Form 214; and

	b.  showing on his DD Form 214 that his awards include the National Defense Service Medal, United Nations Service Medal, Purple Heart, Good Conduct Medal, Korean Service Medal with three bronze service stars, Combat Infantryman Badge, and 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 award of the Combat Action Ribbon.




__________ _  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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080012009



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