IN THE CASE OF:	  

		BOARD DATE:	  31 August 2010

		DOCKET NUMBER:  AR20100008743 


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 he be awarded the Korea Defense Service Medal (KDSM) and the Combat Infantryman Badge (CIB).

2.  The applicant states that he recently discovered that he may be entitled to these awards and he desires his record to be reviewed to determine his eligibility.

3.  The applicant provides a copy of his last DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 was inducted on 29 November 1944 and served until he was honorably discharged on 1 November 1946.  He served several periods in the United States Army Reserve (USAR) and the Regular Army and on 27 February 1952, he enlisted in the Regular Army and served continuously until he was retired by length of service on 31 July 1970 due to length of service.  He had served 21 years and 13 days of total active service.  His records show that he was awarded the:

* National Defense Service Medal with one bronze service star
* Purple Heart Medal
* Good Conduct Medal 2d award
* European-African-Middle Eastern Campaign Medal
* World War II Victory Medal
* Army of Occupation Medal with Germany Clasp
* Korean Service Medal with three bronze service stars
* United Nations Service Medal
* Republic of Korea Presidential Unit Citation  

3.  His records also show that he had foreign service in:

* Germany (January – September 1946)
* Korea (May 1952 - September 1953)
* Korea (February 1954 – December 1954)
* Japan (December 1955 – June 1956)
* France (March 1958 – October 1959)
* Korea (April 1964 – June 1965)
* Hawaii (June 1965 – May 1968)

4.  The applicant was awarded the Purple Heart for wounds received in action in Chorwon, North Korea on 28 October 1952.  His records show that he was serving in the rank of corporal in the Heavy Truck Company of the 7th Infantry Regiment, 3d Infantry Division as a truckmaster.  There are no orders in his records awarding him the CIB.

5.  A further review of his records shows that on 14 August 1968, The Adjutant General (TAG) of the Army responded to a letter dispatched by the applicant requesting his records to be corrected to show award of the CIB.  The TAG responded to the effect that his records did not show that he was eligible for award of the CIB.

6.  On 1 May 1980, the Army Reserve Personnel Center (ARPERCEN) responded to an inquiry from the applicant and informed him that no record could be found to show that he was authorized the award of the CIB.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, prescribed Army policy and procedures concerning decorations and awards.  It provided that 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.  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.

8.  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 1953.  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.   

9.  Army Regulation 600-8-22 states the KDSM is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles and the period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the KDSM has been noted and found to have merit.  The applicant served two tours in Korea that serve to qualify him for that award and he should be awarded it at this time.

2.  Additionally, the applicant served a tour in Korea from May 1952 to September 1953 and was awarded the Purple Heart for wounds received in action against enemy forces.  Accordingly, he is entitled to be awarded the ROKWSM as well.

3.  However, the applicant has failed to show through the evidence submitted with his application and the evidence of record that he was serving as an infantryman in an infantry unit at the time he engaged the enemy in combat.  Therefore, absent evidence to show that he held the MOS of an infantryman while assigned to Korea, there appears to be no basis to award him the CIB.

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 KDSM and the ROKWSM at this time. 

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 if the CIB.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _ 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)                                         AR20100008743





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ABCMR Record of Proceedings (cont)                                         AR20100008743



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