BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090019233 


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 that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to reflect award of the Combat Infantryman Badge.

2.  The applicant states that at the time of his discharge the Combat Infantryman Badge was not listed on his discharge paperwork.

3.  The applicant provides a copy of his DD Form 214 and a copy of Special Orders Number 21, dated 21 January 1953, which award him the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy.

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 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 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 on 8 July 1952.  He was trained in and awarded military occupational specialty 11B (Infantryman).  On 13 April 1954, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group.  

4.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* National Defense Service Medal
* United Nations Service Medal
* Korean Service Medal
* Army Good Conduct Medal

5.  Headquarters, 14th Infantry Regiment, Special Orders Number 21, dated 21 January 1953, awarded the applicant the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy.

6.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  The applicant was awarded the Korean Service Medal as shown on his DD Form 214.  It doesn't show he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 5-9 of Army Regulation 
600-8-22 (Military Awards) contains the regulatory guidance for the Korean Service Medal.  It states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  One bronze service star is authorized for each campaign a member is credited with participating in.  The applicant participated in the following two campaigns:

* Third Korean Winter (1 December 1952 through 30 April 1953)
* Korea Summer-(1 May 1953 through 27 July 1953)

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the 14th Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation by Department of the Army General Order Number 19, dated 1955.

9.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal 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 Republic of Korea War Service Medal.  To qualify for award of the Republic of 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 request that his record be corrected by adding the Combat Infantryman Badge was carefully considered and is supported by the evidence.

2.  Special orders show the applicant was awarded the Combat Infantryman Badge on 21 January 1953.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant was awarded the Korean Service Medal.  His records show he participated in two campaigns while serving in Korea.  He is entitled to award of two bronze service stars for wear on his already-awarded Korean Service Medal.

4.  General orders awarded the applicant's unit the Republic of Korea Presidential Unit Citation which is not shown on his records.  He is entitled to correction of his records to show this unit award.

5.  General orders awarded the applicant the Republic of Korea War Service Medal which is not shown on his records.  He is entitled to correction of his records to show this award.



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.  deleting from his DD Form 214 the entry for the Korean Service Medal and

	b.  adding to his DD Form 214:

* Combat Infantryman Badge
* Korean Service Medal with two bronze service stars
* Republic of Korea Presidential Unit Citation
* Republic of Korea War 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)                                         AR20090019233



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ABCMR Record of Proceedings (cont)                                         AR20090019233



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