IN THE CASE OF:	  

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100008028 


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 (Armed Forces of the United States Report of Transfer or Discharge) to add the Combat Infantryman Badge (CIB), Army Good Conduct Medal (AGCM), Korean "Campaign" Medal with service stars, Republic of Korea Presidential Unit Citation, National Defense Service Medal (NDSM), and any other awards he may be entitled to.

2.  The applicant states he is attempting to join the Combat Infantry Association.

3.  The applicant provides a copy of his DD Form 214 and Honorable Discharge Certificate.

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 available military records show he enlisted in the Regular Army on 6 December 1948, he was awarded military occupational specialty 0070 (draftsman), and he was advanced to the rank/grade of private first class (PFC)/
E-3.

4.  He was honorably discharged on 12 July 1951.  His DD Form 214 shows in:

* item 27 (Decorations, Medals, Badges, Commendations, Citation and Campaign Ribbons Awarded or Authorized) award of the Korean Service Medal and Purple Heart with Oak Leaf Cluster
* item 28 (Most Significant Duty Assignment) the entry "Company C, 5th Cavalry Regiment, 1st Cavalry Division, Korea"
* item 29 (Wounds Received as a Result of Hostile Action with Enemy Forces) the entries:

* Waegwan, Korea	25 Aug 50
* Kaesong, Korea		12 Oct 50

5.  Army Regulation 600-8-22 (Military Awards) states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

6.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the applicant was assigned to 5th Cavalry Regiment, 1st Cavalry Division during a period of time the unit was awarded the Republic of Korea Presidential Unit Citation for the period 16 August through
26 September 1950, by Department of the Army General Orders (DAGO) 35, dated 1951.

7.  Army Regulation 600-8-22, paragraph 5-9, contains the regulatory guidance on the Korean Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with 

participating in.  Appendix B shows that during his service in Korea, the applicant participated in the following two campaigns:

* UN Defensive (27 June - 15 September 1950)
* UN Offensive (16 September - 2 November 1950)

8.  Army Regulation 600-65, in effect at the time, stated the AGCM 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.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency ratings of less than "excellent" entered prior to 3 March 1946, will not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  Army Regulation 600-8-22 states 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 and must 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..

10.  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.

11.  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.  Since the applicant was a draftsman, it appears he did not qualify for the CIB.

2.  Because the applicant's records are not locatable, there is no way of knowing whether the applicant was convicted by a court-martial or if he received "excellent" conduct and efficiency ratings throughout his service.  As such, there is insufficient evidence in which to award the applicant the AGCM.

3.  While there is no Korean Campaign Medal, the applicant is entitled to the ROKWSM based on his service in Korea.  While the exact dates of his Korean service are unknown, based on the dates of his wounds the applicant served in two campaigns.  As such, he is also entitled to two bronze service stars to be worn on his already-awarded Korean Service Medal.

4.  The applicant was assigned to the 5th Cavalry Regiment, 1st Cavalry Division during the period the unit was cited for award of the Republic of Korea Presidential Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The applicant is also entitled to the NDSM and the UNSM based on the dates of his service in Korea.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined that the applicant also met the eligibility criteria for award of the Army Good Conduct Medal.  Although his records were apparently destroyed in the 1973 National Personnel Records Center fire, the available records show he had no lost time and was wounded twice in combat.  Any reasonable doubt concerning his eligibility for this medal should be resolved in his favor.

2.  Therefore, 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.  deleting from item 27 of his DD Form 214 the Korean Service Medal; 

	b.  awarding him the Army Good Conduct Medal for the period 6 December 1948 through 12 July 1951; and

	b.  adding to item 27 of his DD Form 214 the Army Good Conduct Medal, National Defense Service Medal, Korean Service Medal with two bronze service stars, Republic of Korea War Service Medal, United Nations Service Medal, and the Republic of Korea Presidential Unit Citation.

3.  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 Combat Infantryman Badge, and the "Korean Campaign 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)                                         AR20100008028



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ABCMR Record of Proceedings (cont)                                         AR20100008028



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