IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090013248 


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), Combat Service Medal, and his military occupational specialty (MOS).

2.  The applicant states that he should be awarded the Combat Service Medal for participation in four campaigns while assigned to C Battery, 21st Antiaircraft Artillery Battalion, in Korea, between December 1950 and February 1952.  He adds that he was awarded the CIB by Captain W----, the C Battery Commander, in or around 1951 between movements from one combat location to another.  He also adds that has written to the National Personnel Records Center (NPRC), St. Louis, MO, on several occasions for copies of his records but he was told all his records were destroyed in the 1973 fire.

3.  The applicant provides a copy of his DD Form 214, dated 12 August 1953; a copy of a letter from NPRC, dated 9 April 2009; photographs of the medals he was awarded; images of the 25th Infantry Division's service during the Korean War; a listing of the 21st Antiaircraft Artillery Battalion casualties; and a listing of the 21st Antiaircraft Artillery Battalion Silver Star recipients 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.  Having had prior service, the applicant's DD Form 214 shows he reenlisted in the Regular Army (RA) for a period of 3 years at Fort Bliss, TX, on 10 August 1950.  This form also shows his most significant duty assignment was with Headquarters and Service Company, 131st Tank Battalion.

4.  The applicant’s DD Form 214 further shows that he completed 3 years of creditable military service during this period of reenlistment, of which 1 year and 21 days was foreign service.  

5.  The applicant's DD Form 214 also shows he completed the T48 Turret Course at the New Vehicle Maintenance Training School, Fort Knox, KY, from August 1952 to October 1952 and the M47 Turret Course at the New Ordnance Vehicle Maintenance School, at Fort Knox during an unspecified period.

6.  The applicant's reconstructed records contain a copy of Special Orders Number 174, issued by Headquarters, The Armored Center, Fort Knox, on
22 July 1952, directing his reassignment.  The orders listed the applicant's MOS as 1660 (Chief Track Vehicle Mechanic).  



7.  The applicant's DD Form 214 further shows he was honorably discharged on 12 August 1953 in the rank/grade of sergeant (SGT)/E-5.

8.  Item 5 (Qualification-Specialty Number or Symbol) of his DD Form 214 is blank.

9.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army of Occupation Medal with Japan Clasp, Army Good Conduct Medal, Korean Service Medal with four bronze service stars, and the United Nations Service Medal.  Item 27 does not show award of the CIB or the "Combat Service Medal."

10.  The applicant’s reconstructed records do not contain official orders awarding him the CIB.

11.  The applicant submitted photographs of his various medals and decorations as well as a copy of the NPRC letter, dated 9 April 2009, in which he was asked to submit a copy of the orders that awarded him the CIB.  He also submitted a copy of a plaque that shows his service with the 25th Infantry Division and his awards and decorations as well as an internet printout of the 25th Infantry Division's service during the Korea War, and a listing of the 21st Antiaircraft Artillery Battalion casualties and Silver Star recipients.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  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, 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.

13.  A review of the applicant's reconstructed records indicates his entitlement to additional awards which are not listed on his DD Form 214.


14.  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.

15.  Army Regulation 600-8-22 (Military Awards) 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. 

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, establishes eligibility of individual members for campaign participation credit, assault landing, unit citation emblems, and occupation duty credit for World War II and Korea.  This pamphlet lists all campaign credit during the Korean War. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the CIB, Combat Service Medal, and addition of his MOS.

2.  With respect to the applicant's MOS, special orders awarded the applicant MOS 1660 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this MOS.

3.  The evidence of record shows the applicant served a qualifying period for award of the National Defense Service Medal which is not shown on his records. Therefore, he is entitled to correction of his records to show this award.

4.  The evidence of record shows the applicant completed 3 years of active service, of which 1 year and 21 days was foreign service; however, his DD Form 214 does not show how much of this period of foreign service was completed in 
Korea.  As he participated in four campaigns during his service in Korea, it is reasonable to presume he completed at least 30 consecutive days of his foreign service in Korea, thereby qualifying for award of Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

5.  With respect to the CIB, there is no evidence that the applicant was awarded an infantry MOS; that he was assigned to an infantry unit of brigade, regiment, or smaller size; or that he was directly and personally involved in active ground combat while assigned to such an infantry unit.  In the absence of evidence that the applicant held an infantry specialty and he was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.

6.  With respect to the Combat Service Medal, this is not a recognized service medal in the Department of Defense Awards Manual or the governing Army Regulation that pertains to awards and decorations.  As such, there is no provision to list this unknown medal on the DD Form 214.

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.  adding to item 5 of his DD Form 214 the entry "1660, Chief Track Vehicle Mechanic"; and

	b.  adding to item 27 of his DD Form 214 the National Defense Service Medal 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 the CIB and the Combat Service Medal.



      ___________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)                                         AR20090013248



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ABCMR Record of Proceedings (cont)                                         AR20090013248



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