IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100028343
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 the Combat Infantryman Badge (CIB).
2. He states he is a Purple Heart recipient who was awarded the CIB prior to his discharge.
3. He provides a copy of his DD Form 214.
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 applicants 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 applicants 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 complete military record is not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the majority of his records were lost or destroyed in that fire. This case is being considered using the DD Form 214 he provides and Korean War casualty records.
3. The applicant enlisted in the Regular Army on 19 July 1950. He was honorably discharged on 4 September 1953 having completed 3 years of total net service for pay purposes.
4. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:
* Korean Service Medal with two bronze service stars
* Purple Heart
* United Nations Service Medal
5. The Korean War Casualty File shows he was seriously wounded in action on 21 April 1951 and returned to duty on or about 20 June 1951. When he was wounded, he was assigned to the 32d Infantry Regiment, 7th Infantry Division, serving in infantry military occupational specialty 4745 (Automatic Rifleman).
6. Army Regulation 600-8-22 (Military Awards) 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.
7. Review of his record indicates entitlement to additional decorations not shown on his DD Form 214.
8. Army Regulation 600-8-22 states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954.
9. 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.
10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows he was assigned to the 32d Infantry Regiment during a period for which the unit was awarded the Republic of Korea Presidential Unit Citation (ROKPUC) by Department of the Army General Order Number 22-56.
DISCUSSION AND CONCLUSIONS:
1. The applicant was an infantryman assigned to an infantry unit when he was seriously wounded in action on 21 April 1951 and he was awarded the Purple Heart for his wounds. In light of this evidence, it is reasonable to presume he met the criteria for award of the CIB. Accordingly, it would be appropriate to correct his DD Form 214 to show this badge.
2. His service meets the criteria for award of the NDSM and ROKWSM. Therefore, he is entitled to correction of his DD Form 214 to show these awards.
3. He served with the 32d Infantry Regiment during a period for which the unit was awarded the ROKPUC. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 adding the CIB, NDSM, ROKWSM, and ROKPUC to item 27 of his 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) AR20100028343
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ABCMR Record of Proceedings (cont) AR20100028343
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