IN THE CASE OF:	  

		BOARD DATE:	  18 November 2010

		DOCKET NUMBER:  AR20100013380 


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, in effect, award of the Combat Action Ribbon, Korea War Service Medal, Republic of Korea Presidential Unit Citation, Korea Defense Service Medal, Combat Infantryman Badge, and Presidential Unit Citation. 

2.  The applicant states:

* He should be awarded the U.S. Army Combat Ribbon for his service on the DMZ [demilitarized zone] in Korea during the period February 1955 to June 1955 and for his continued exposure to enemy incoming sniper small arms fire (day and night)
* He served in Korea for 7 months during the period 1954/1955
* His battery (49th FAB [Field Artillery Brigade]) received incoming small arms fire day and night for months
* They went on night patrols to find snipers, they surrounded the local village and searched it for weapons, and their base camp was attacked and they protected it
* He served with the 439th Engineer Battalion and this unit was awarded the Presidential Unit Citation 

3.  The applicant provides an email, dated 8 June 2009, 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.  The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows:

* He was inducted into the Army of the United States on 10 August 1953
* His specialty number was 3100 (structural steel worker)
* Item 26 (Foreign and/or Sea Service) shows he had 7 months and 20 days of foreign service
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal
* Item 28 (Most Significant Duty Assignment) shows Company A, 439th Engineer Battalion
* He was released from active duty on 23 June 1955 and transferred to the U.S. Army Reserve to complete  his remaining service obligation

4.  The applicant's inclusive dates of service in Korea are not available.  However, Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, shows, among other information, unit awards and citations authorized for units which served during World War II and the Korean War.  This document shows the 439th Engineer Construction Battalion was cited for the Republic of Korea Presidential Unit Citation during the period 19 September 1950 to 31 July 1952 and the Meritorious Unit Commendation for actions during the period 1 November 1952 to 31 December 1953.

5.  There are no orders for the Combat Infantryman Badge in the available records.

6.  Department of Defense Instruction 1348.33 (Military Awards Program) states the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat.  An individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

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

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Korea Presidential Unit Citation is awarded by the Korean Government.  

9.  Army Regulation 600-8-22 states the Korea Defense Service Medal 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 period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  Army Regulation 600-8-22 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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces 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 or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

11.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

DISCUSSION AND CONCLUSIONS:

1.  The Combat Action Ribbon is a Department of the Navy award; therefore, this Board does not have authority to award the Combat Action Ribbon.

2.  The applicant did not serve a period of qualifying service for award of the ROKWSM. 

3.  Department of the Army Pamphlet 672-1 shows the 439th Engineer Construction Battalion was cited for the Republic of Korea Presidential Unit Citation during the period 19 September 1950 to 31 July 1952.  Since the applicant was not inducted until 10 August 1953, there is no basis for granting the applicant's request for the Republic of Korea Presidential Unit Citation.   

4.  Although the applicant's inclusive dates of service in Korea are not available, evidence of record shows he served on active duty from 10 August 1953 to 
23 June 1955 and his unit served in Korea during that time frame.  Since any reasonable doubt should be resolved in the applicant's favor, it is plausible to presume he served a period of qualifying service for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this medal.   

5.  There are no orders for the Combat Infantryman Badge in the available records.  The available records show the applicant served as a structural steel worker and his most significant duty assignment was an engineer battalion.  He himself said he was in a field artillery unit.  There is no evidence of record which shows he held an infantry military occupational specialty and served in active ground combat while an assigned member of an infantry unit of brigade, regimental, or smaller size.  Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge.



6.  Department of the Army Pamphlet 672-1 does not show the 439th Engineer Construction Battalion was cited for the Presidential Unit Citation during the Korean War.  Therefore, there is no basis for granting the applicant's request for the Presidential Unit Citation. 

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 Korea 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 Action Ribbon, ROKWSM, Republic of Korea Presidential Unit Citation, Combat Infantryman Badge, or Presidential Unit Citation. 
  



      _______ _   _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)                                         AR20100013380



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ABCMR Record of Proceedings (cont)                                         AR20100013380



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