IN THE CASE OF:	  

		BOARD DATE:	        19 FEBRUARY 2009

		DOCKET NUMBER:  AR20080017976 


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, that his military records be corrected to show:

	a.  the award of the Combat Infantryman Badge (CIB); and 

	b.  one silver service star and four bronze service stars to be affixed to his already awarded Korean Service Medal. 

2.  The applicant essentially states that he was awarded the Combat Infantryman Badge and one silver and four bronze service stars before leaving Korea upon his release from over 33 months of captivity in North Korea.  He also states, in effect, that although he has the actual Combat Infantryman Badge, he is requesting documentation which shows that he is authorized to possess it.

3.  The applicant provides no additional evidence in support of this 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 majority of the applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the majority of the applicant's records were lost or destroyed in that fire.  However, there are sufficient remaining documents available to conduct a fair and impartial review of this case.

3.  The available records show that the applicant enlisted in the Regular Army on 9 May 1950.  They also show that he possessed military occupational specialty (MOS) 1745 (Light Weapons Infantryman), and that he served with the 8th Cavalry Regiment in Korea.  Item 26 (Foreign and/or Sea Service) of his 
DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that he has 2 years, 11 months, and 18 days of foreign service.  The National Archives and Records Administration Repatriated Korean Conflict Prisoners of War Data File shows that the applicant was captured by enemy forces on 2 November 1950, and that he was released from captivity on 
13 August 1953.  On 7 October 1953, he was honorably discharged. The 
DD Form 214 that was issued to him at the time of his discharge, as amended by a DD Form 215 (Correction to DD Form 214), shows that he was awarded the Good Conduct Medal, the Prisoner of War Medal, the National Defense Service Medal, the Korean Service Medal, and the United Nations Service Medal.

4.  The applicant requested that his military records be corrected to show the award of the Combat Infantryman Badge, but he did not provide orders awarding him this badge.  There are also no orders in the available records awarding him the Combat Infantryman Badge.

5.  The applicant also requested that his military records be corrected to show one silver service star and four bronze service stars to be affixed to his already awarded Korean Service Medal.  Paragraph 5-9 of Army Regulation 600-8-22 (Military Awards) provides the regulatory guidance on the Korean Service Medal. This regulation also provides that a bronze service star is authorized for each campaign a Soldier is credited with participating in, and that a silver service star is worn in lieu of five bronze service stars.  It further provides, in pertinent part, that prisoners of war will not be accorded credit for the time spent in confinement or while otherwise in restraint under enemy control.  

6.  A search of the unit history for the 8th Cavalry Regiment on "Wikipedia" shows that at 1200 hours on 1 November 1950, the 8th Cavalry Regiment, after having been attacked by the Chinese Communist Forces (CCF), were ordered to withdraw as the CCF were encircling the unit's position.  However, by 0130 hours on 2 November 1050, all three battalions of the Regiment became trapped by the CCF roadblocks.  By morning, with their positions being overrun, the men of the 8th Cavalry tried to withdraw, but a Chinese roadblock to their rear forced them to abandon their artillery and the men took to the hills in small groups.  They were ordered to get out of the trap any way they could.  Only a few scattered survivors made it back to tell their story.  In all, over 800 men of the 8th Cavalry were lost and one battalion ceased to exist after the attack was over.  

7.  Army Regulation 600-8-22 also provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  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.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  

8.  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.  The applicant contends that his military records be corrected to show:

	a.  the award of the Combat Infantryman Badge; and

	b.  one silver service star and four bronze service stars to be affixed to his already awarded Korean Service Medal. 

2.  While the available records show that the applicant was an infantryman and served in Korea with the 8th Cavalry Regiment, there is no evidence in the available records, and the applicant did not provide any evidence which conclusively shows that he was awarded the CIB.  However, a search of his unit's history shows that his unit in Korea engaged in extensive active ground combat on 1 and 2 November 1950 (the day he was captured by CCF) and therefore, given the extent of the attack on his unit by CCF, it is reasonable to presume that he was personally present and engaged in ground combat.  The fact that he was taken as a prisoner of war is significant in this case given the nature of the attack at the time and the effect it had on his unit.  The fact that the applicant states that he is in possession of a Combat Infantryman Badge further supports his position in this case.  The applicant's Regiment was overrun by CCF and given the nature of the devastation his unit suffered, it is reasonable to presume that he was in fact awarded the CIB and that the award was never made a matter of official record.  Accordingly, it would be in the interest of justice at this time to officially award him the CIB, effective 2 November 1950.

3.  While the applicant spent 2 years, 9 months, and 12 days in captivity from 
2 November 1950 to 13 August 1953, his time in confinement is not creditable for campaign participation credit for the purpose of awarding him service stars for his already awarded Korean Service Medal.  Given this fact, and that his exact dates of service during the Korean War cannot be conclusively established based upon the limited amount of information in the available records, there is insufficient basis for correcting his military records to show any silver or bronze service stars to be affixed to his already awarded Korean Service Medal.

4.  However, the applicant is also entitled to award of the ROK-KWSM for his wartime service in Korea during the Korean War. 

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 awarding him the CIB, effective 2 November 1950, while serving in the rank of private first class and by awarding him the ROK-KWSM. 

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 awarding him service stars for his already awarded Korean Service Medal. 

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the extensive sacrifices made by the applicant in service to the United States during the Korean War and during his captivity.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ _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)                                         AR20080017976



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ABCMR Record of Proceedings (cont)                                         AR20080017976



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