IN THE CASE OF:	  

		BOARD DATE:	  9 DECEMBER 2008

		DOCKET NUMBER:  AR20080014781 


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, correction to his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 10 June 1952, to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was authorized award of the CIB per "Para[graph] 4, GO [General Orders] 7, H19I, 13 Sep[tember 19]50," for his Korean service, as shown in Section 21 of his WD AGO Form 24A (Service Record).  He also states he earned the CIB in the Korean War and it was entered in his 201 file [sic].  He wore his CIB with pride and professionalism throughout his military career.  He further states that the error was discovered when the Department of Veterans Affairs stated that he did not have a CIB listed as one of his awards.  He requested his 201 file and found where it stated the CIB was awarded to him on 13 September 1950.

3.  In support of his application, the applicant provides copies of pages 4 and 8 of his WD AGO Form 24A, his DD Form 214, and a picture alleged to be of himself.

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 show he enlisted in the Army as a sergeant on 27 May 1949 for 3 years with prior enlisted service.  He completed basic and advanced individual training and he held the military occupational specialty 1729, Combat Construction Foreman (Engineering and Construction) when he was discharged in 1952.

3.  The applicant served in Korea from 5 July 1950 to 16 July 1951 and was assigned to the Headquarters Company of the 2nd and 3rd Battalions, 19th Infantry Regiment.

4.  The applicant submitted a copy of page 4 of his Service Record which contains the entry "CIB" in Section 10 (Remarks).  He also submitted a picture alleged to be of himself, wherein he is wearing the CIB.

5.  The applicant's WD AGO Form 24A, Section 21 (Medals, Decorations, and Citations) contains the entry "CIB, Para 4, GO 7, H19I, 13 September 1950."  This entry appears to have been made at the time the CIB was awarded to him.  The same entry appears in Section 21 of a later prepared Service Record.

6.  There are no orders in the applicant’s available service personnel records that show he was awarded the CIB.

7.  The applicant was honorably discharged from active duty as a sergeant first class on 10 June 1952 at the expiration of his term of service.  He was credited with 5 years, 2 months, and 27 days of total active service.

8.  Entries on his DD Form 214, item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Awarded or Authorized), list the following awards:  the Army Occupation Medal (for service in the U. S. Army Pacific, thus presumably with the Japan clasp), the Korean Service Medal with three bronze service stars, the Distinguished Unit Emblem (now known as the Presidential Unit Citation), the Bronze Star Medal, the United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.  The CIB is not listed.


9.  The applicant reenlisted on 11 June 1952 for 6 years.  He was honorably separated at the expiration of his term of service on 10 June 1958.  He was issued a DD Form 214, that shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the following awards:  the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal with two bronze service stars, and the Good Conduct Medal Clasp with one loop.  

10.  The applicant again reenlisted on 23 June 1958 for 6 years.  He was honorably separated for the purpose of immediate reenlistment on 22 June 1958. He was issued a DD Form 214 that shows in Item 26, the following awards:   the Expert Marksmanship Qualification Badge with Rifle Bar (M-1) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  The applicant reenlisted on 23 June 1964, for 3 years.  He served in Vietnam from 3 May 1966 to 13 March 1967, with Company D, 864th Engineer Battalion, for two campaigns.  

12.  The applicant was separated from active duty for the purpose of retirement on 31 May 1967 and was transferred to the Retired Reserve.  He was issued a DD Form 214, that shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the following awards:  the Expert Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal, the National Defense Service with First Oak Leaf Cluster, and the Vietnam Campaign Medal.  

13.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, Company D, 864th Engineer Battalion, was cited for award of the Meritorious Unit Commendation, by Headquarters, Department of the Army General Orders Number 17, dated 1968.

15.  Department of the Army General Orders Number 8, 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units 

during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

16.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders that show the applicant was awarded the CIB; however, his service records show he was awarded the CIB on 13 September 1950.  This award is not shown on his DD Form 214, dated 10 June 1952.  

2.  As a matter of convenience since the evidence shows the applicant is eligible for additional awards that were awarded after 10 June 1952, it would be appropriate to correct his records to add the CIB to his last DD Form 214, dated 31 May 1967.

3.  The evidence also confirms that the applicant is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. This award is also not shown on his last DD Form 214 and it would be appropriate to add these service stars at this time.

4.  General orders entitled the applicant’s unit to award of the Meritorious Unit Commendation during his tenure of assignment in Vietnam.  General orders entitled all units in Vietnam to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards are also not shown on his last DD Form 214.  He is therefore entitled to have his records corrected to show this unit award.

5.  For the same matter of convenience, all of the applicant's awards and decorations should be added to his last DD Form 214 as an exception to policy.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.
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 adding the following awards to his DD Form 214 for the period ending 31 May 1967:  the Combat Infantryman Badge, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Korea War Service Medal, the Army of Occupation Medal with Japan clasp, the Korean Service Medal with three bronze service stars, the Presidential Unit Citation, the Bronze Star Medal, the United Nations Service Medal, the Republic of Korea Presidential Unit Citation, and the Army Good Conduct Medal with one loop. 




      ___________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)                                         AR20080014781



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ABCMR Record of Proceedings (cont)                                         AR20080014781


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