IN THE CASE OF:	  

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090015965 


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 records to show award of the Combat Infantryman Badge, battle stars [correctly known as bronze service stars] and the new Korean Medal.  

2.  The applicant states, in effect, that these awards were omitted from his record.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) 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 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.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 11 October 1950.  He served in Korea and completed 1 year, 4 months, and 11 days of foreign service.  The dates he served in Korea are not available.  His DD Form 214 shows his most significant duty assignment as the 179th Infantry Regiment, APO 86.  

4.  Item 5 of his DD Form 214 shows the specialty number or symbol as “3060” which is the code for a cook.  There is no evidence which shows the applicant was awarded or held an infantry military occupational specialty (MOS).   

5.  The applicant was released from active duty on 21 August 1952.  At the time of his release from active duty he had completed 1 year, 10 months, and 11 days of active military service.

6.  His DD Form 214 shows the Army Occupation Medal (Japan), the Korea Service Medal with one bronze service star, one Overseas Service Bar, and the United Nations Service Medal as authorized awards.  

7.  Army Regulation 600-8-22 (Military Awards) states 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.  

8.  Army Regulation 600-8-22, in pertinent part, authorizes award of 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 service medal, including the Korean Service Medal.

9.  Army Regulation 600-8-22 states 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 1953.  The service must have been performed, in part, while on permanent assignment for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.
10.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his records to show award of the Combat Infantryman Badge was considered.  However, there is insufficient evidence on which to grant this request.  

2.  To support award of the Combat Infantryman Badge, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat.  

3.  The applicant’s DD Form 214 shows he was serving as a cook in specialty number 3060 at the time of separation and his most significant duty assignment was with the 179th Infantry Regiment.  There is no evidence available which shows he was awarded an infantry MOS while he was assigned to the 179th Infantry Regiment during active ground combat.  Therefore, the applicant has not met all the requirements for award of the Combat Infantryman Badge and there is insufficient evidence on which to base correction of his records to show award of the Combat Infantryman Badge.

4.  The applicant’s request for award of additional bronze service stars for his service in Korea was also considered.  However, in the absence of evidence such as morning reports or orders that would indicate when he arrived and departed Korea, the specific dates the applicant served in Korea or that he is entitled to additional bronze service stars beyond the one currently shown on his DD Form 214 cannot be determined.  Therefore, there is insufficient evidence on which to base correction of his records to show additional bronze service stars.  

5.  The applicant completed a period of honorable service from 11 October 1950 through 21 August 1952 and served in Korea during this period.  Therefore, he met the eligibility criteria for award of the ROK-KWSM and the National Defense Service Medal.



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 adding the ROK-KWSM and the National Defense Service Medal to his DD Form 214.

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 Infantryman Badge and any additional bronze service stars. 




      _______ _  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)                                         AR20090015965



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ABCMR Record of Proceedings (cont)                                         AR20090015965



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