IN THE CASE OF:	  

		BOARD DATE:	        11 DECEMBER 2008

		DOCKET NUMBER:  AR20080014871 


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 award of the Combat Infantryman Badge.

2.  The applicant states that he landed in South Korea early in August 1950 as a member of Company E, 38th Infantry Regiment, 2d Infantry Division.  He states that he was wounded on 25 August 1950 and that he received the Purple Heart and Bronze Star Medal with "V" Device as a result of his injury.

3.  The applicant provides a copy of a personnel poster of the 38th Infantry Regiment; a copy of the Korean War Casualty List; a copy of Headquarters, 2d Infantry Division, General Orders Number 58, awarding him the Bronze Star Medal with "V" Device; and a letter from the the Second Infantry Division, Korean War Veterans Alliance, addressed to the Army Review Boards Agency dated 5 August 2008 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.  On 28 June 1948, the applicant enlisted in the Regular Army (RA) in Paterson, New Jersey, for 2 years in the pay grade of E-1.  He successfully completed his training as a light weapons infantryman.

3.  While there is no Report of Separation on file that reflects this period of enlistment, his records show that he was honorably discharged on 21 February 1950 under the provisions of Army Regulation 615-365 (Enlisted Personnel Discharge Convenience of the Government) for the convenience of the government.

4.  The applicant immediately reenlisted in the RA on 22 February 1950.  He was transferred to Korea in July 1950.

5.  His records show that his conduct and efficiency ratings were excellent while he was in the Army.

6.  The applicant was in Korea on 25 August 1950 when he received a gunshot wound to the right side of his head causing a fracture to his skull.  According to the Casualty Report, he was wounded by enemy fire while engaging the enemy in the vicinity of Tae-Dong, Korea.  He was assigned to Company E, 38th Infantry Regiment, 2d Infantry Division, at the time that he was wounded.  He was initially carried to the Battalion Aid Station and he was subsequently hospitalized at Osaka Army Hospital.  He was evacuated by air to the United States on 11 September 1950 for further hospitalization.

7.  After completing 2 years, 1 month, and 9 days of net service this period, the applicant was honorably retired on 31 March 1952 under the provisions of Army Regulation 600-450 (Personnel Separations for Physical Disability) due to a permanent physical disability.

8.  The Report of Separation from the Armed Forces of the United States (DD Form 214) that he was furnished at the time of his retirement shows that he was awarded the Bronze Star Medal with "V" Device, the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Purple Heart.  His DD Form 214 also shows his rank as sergeant first class (E-6).

9.  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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry specialty and have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty in a unit actively engaged in ground combat with the enemy.

10.  Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.

11.  Army Regulation 600-65 (Service Medals) [later superseded by Army Regulation 672-5-1 (Awards)], in effect at the time, provided policy and criteria concerning service medals.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service and there must have been no convictions by court-martial.

12.  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 Korea War Service Medal.  To qualify for award of the Korea War Service Medal 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.  The applicant's records show that he is entitled to award of the Combat Infantryman Badge.

2.  His records show that he was wounded by enemy fire while engaging the enemy in the vicinity of Tae-Dong, Korea.  At the time that he was wounded he was assigned to Company E, 38th Infantry Regiment, 2d Infantry Division, in an infantryman military occupational specialty.  He has met the criteria for award of the Combat Infantryman Badge and his records should be corrected to reflect this award.

3.  According to the applicable regulations, the applicant is entitled to the Good Conduct Medal based on excellent conduct and efficiency ratings during his period of enlistment in the RA from 28 June 1948 through 27 June 1951.  He enlisted in the RA in the pay grade of E-1 and at the time of his discharge he had been promoted to the pay grade of E-6.  He was also awarded the Bronze Star Medal with "V" Device, which indicates acts of heroism involving conflict with an armed enemy.  Therefore, it reasonable to presume that his conduct and efficiency ratings were excellent and that he is entitled to this award.

4.  He is also entitled to award of the National Defense Service Medal based on his honorable active service between 27 July 1950 through 27 July 1954 and the Republic of Korea War Service Medal as he met the criteria for issuance of this award.  His DD Form 214 should be amended to include these awards.

5.  In view of the foregoing, it would now be appropriate to correct the applicant's records 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:

	a.  awarding him the Combat Infantryman Badge for participation in active ground combat in Tae-Dong, Korea, on 25 August 1950 while assigned to Company E, 38th Infantry Regiment, 2d Infantry Division, serving in the rank of sergeant first class (E-6);

   b.  awarding him the Good Conduct Medal for excellent conduct and efficiency during his period of enlistment in the RA from 28 June 1948 through  27 June 1951 while serving in the rank of sergeant first class (E-6); and

	c.  amending his DD Form 214 to include the Combat Infantryman Badge, the Good Conduct Medal, the National Defense Service Medal, and the Republic of Korea War Service Medal.



      __________XXX_______________
                 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)                                         AR20080014871



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ABCMR Record of Proceedings (cont)                                         AR20080014871



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