IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025348 


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 (Report of Separation from the Armed Forces of the United States) to show he was awarded the Combat Infantryman Badge for his service in the Republic of Korea (ROK).

2.  The applicant states he was wounded in action by enemy artillery that has forever damaged his hearing.

3.  The applicant provides copies of his DD Form 214 and two letters of support from former Soldiers who served with him in the ROK.

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 member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant's DD Form 214 shows:

	a.  he was called to active duty from the Oklahoma Army National Guard on 1 September 1950;

	b.  he was an infantryman who held military occupational specialty 4745 (Rifleman);

	c.  he served on active duty for 1 year, 10 months, and 10 days, of which 1 year, 2 months, and 5 days were overseas;

	d.  he was awarded the Army of Occupation Medal with Japan Clasp, United Nations Service Medal, and Korean Service Medal with one bronze service star;

	e.  he was assigned to Company I, 180th Infantry Regiment; and

	f.  he was released from active duty with an honorable characterization of service on 16 June 1952.

4.  The applicant provides the following two letters of support:

	a.  On 12 April 2010, a former sergeant first class wrote a letter stating he had served in the ROK with the applicant.  He does not remember the number of hills they were on, but he does remember when the applicant's helmet was blown off his head by an artillery shell.  The rounds apparently busted his eardrums.  He complains of not being able to hear.

	b.  On 20 April 2010, a former master sergeant wrote a letter stating he was in a position of leadership in Company I, 180th Infantry Regiment, when the applicant was injured by an artillery round.  The former master sergeant also states he presented the applicant with the Combat Infantryman Badge while in the ROK.  The former master sergeant also provided a copy of his own DD Form 214 which shows he had been assigned to the same unit as the applicant.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.

	a.  This regulation provides for award of the Combat Infantryman Badge.   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 that an Army enlisted Soldier must have an infantry specialty and 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.  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.

	b.  This regulation provides that 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.  

	c.  This regulation provides that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	d.  This regulation provides that the ROK War Service Medal 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded the Combat Infantryman Badge for his service in the ROK.

2.  The evidence clearly shows the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size.  Furthermore, he was assigned in the ROK during a qualifying period.  The letters of support clearly show he served in combat.  Furthermore, a former leader in his unit has stated that he presented the applicant with the Combat Infantryman Badge while in the ROK.  Accordingly, it is presumed the applicant engaged the enemy in active ground combat.  Therefore, the applicant's request to show award of the Combat Infantryman Badge on his DD Form 214 should be granted.

3.  The applicant's award of the Korean Service Medal is evidence of his having served in the ROK during a qualifying period of time for award of the National Defense Service Medal and the ROK War Service Medal.  Therefore, his DD Form 214 should be corrected to show these two awards.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined evidence presented is 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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the:

* National Defense Service Medal
* ROK War Service Medal
* Combat Infantryman Badge



      __________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)                                         AR20100025348



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ABCMR Record of Proceedings (cont)                                         AR20100025348



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