IN THE CASE OF:
BOARD DATE: 19 May 2011
DOCKET NUMBER: AR20100027487
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 (Record of Separation from the Armed Forces of the United States) to add the Combat Infantryman Badge (CIB) and Army Good Conduct Medal (AGCM).
2. The applicant states the CIB and AGCM he earned do not appear on his DD Form 214.
3. The applicant provides a self-authored statement and newspaper clipping 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. On 1 September 1950 while serving as a first lieutenant in the Army National Guard, the applicant entered active duty in the permanent grade of corporal.
3. The applicant's DD Form 230 (Service Record) shows he was promoted to sergeant on 15 October 1950 and to sergeant first class on 1 November 1951 in section 2 (Appointments, Promotions, or Reductions). Section 7 (Combat Record) shows he served in Korea from 17 December 1951 through 3 April 1952 and participated in one campaign.
4. Section 9 (Medals, Decorations, and Citations) of the DD Form 230 includes the CIB in the earned awards listed. His record also contains Headquarters, 179th Infantry, Special Orders Number 42, dated 6 March 1952, which awarded the applicant the CIB.
5. Section 17 (Endorsements) of the DD Form 230 contains all favorable AGCM recommendations for his active duty assignments between 25 October 1950 and 16 April 1952. The record is void of derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.
6. On 9 May 1952, the applicant was honorably released from active duty in the rank of sergeant first class after completing 1 year, 8 months, and 9 days of active duty service during the period. Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:
* Army of Occupation Medal (Japan)
* United Nations Service Medal
* Korean Service Medal with one bronze service star
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-10 contains guidance on the National Defense Service Medal (NDSM). It states it is authorized for honorable service for any period between 27 June 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.
8. Army Regulation 600-8-22 prescribes the policy for award of the AGCM. It states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. This period is 3 years, except in those cases when the period for the first award ends with the termination of a period of Federal military service, in which case a period of more than 1 year is a qualifying period. Although there is no automatic entitlement to the AGCM, disqualification must be justified.
9. Army Regulation 600-8-22 contains guidance on the Republic of Korea War Service Medal (ROKWSM). It states it is authorized for service members who served in Korea for 30 consecutive or 60 nonconsecutive days between 25 June 1950 and 27 July 1953.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the CIB and AGCM should be added to his DD Form 214 has been carefully considered and is found to have merit.
2. The applicant's record contains official orders awarding him the CIB on 6 March 1952 and the CIB is included in the earned awards listed in section 9 of his DD Form 230. Therefore, it would be appropriate to add the CIB to the list of awards contained in item 27 of the applicant's 9 May 1952 DD Form 214.
3. The applicant's record confirms that he received "favorable" AGCM recommendations during the active duty period between 1 September 1950 and 9 May 1952 and his record is void of derogatory information or a unit commander's disqualification that would have precluded award of the AGCM. As a result, it would be appropriate to award him the AGCM for this qualifying period of active duty service and to add this award to his DD Form 214.
4. The evidence also shows that based on his active duty service and his service in Korea, he is also eligible for the NDSM and ROKWSM. Therefore, it would also be appropriate to add these awards to his DD Form 214.
BOARD VOTE:
___X____ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the 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 awarding him the AGCM for his qualifying period of honorable active duty service from 1 September 1950 through 9 May 1952 and by adding the AGCM, NDSM, CIB, and ROKWSM to item 27 of his 9 May 1952 DD Form 214.
____________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) AR20100027487
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ABCMR Record of Proceedings (cont) AR20100027487
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