IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110002882 


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 award of the Army Good Conduct Medal, Combat Infantryman Badge, and any other Korean War related awards he is authorized.

2.  The applicant states these awards were left off his DD Form 214.

3.  The applicant provides 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 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 complete 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 available for the Board to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he was inducted into the Army of the United States on 1 December 1950.  He was promoted to the rank of private first class.

4.  His DD Form 214 shows he was honorably released from active duty on 11 September 1952 and transferred to the Enlisted Reserve Corps in the infantry branch.  This form shows his military occupational specialty as number 2356 (labor foreman) and his component as Infantry.

5.  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 three bronze service stars, United Nations Service Medal, Meritorious Unit Commendation, and Purple Heart.

6.  In the processing of the case, the Board's staff obtained an extract of a printout of the Hospital Admission Cards from the Surgeon General's Office files containing medical information related to injuries he received.  This printout shows he was admitted on 12 July 1951 and diagnosed with a penetrating wound for which he was given an operation removing a foreign body from his trunk.  An entry on this printout indicates his wound was a direct result of action against or by an organized enemy.  This printout also shows his branch of service and unit was infantry.

7.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.

8.  Army Regulation 600-65, in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings, including those pertinent to attendance at service schools, must have all been recorded as "excellent" or higher, except that ratings of "Unknown" for portions of the period under consideration, and service school efficiency (emphasis in the original) ratings of less than "excellent" entered prior to 3 March 1946, would not be disqualifying.  There must have been no convictions by court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  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.  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.

10.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service during the period including 27 July 1950 through 27 July 1954.

11.  Army Regulation 600-8-22 states the Republic of Korea 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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders or other evidence showing the applicant was awarded or recommended for award of the Army Good Conduct Medal.  There are no documents to verify that he distinguished himself by conduct, efficiency, and fidelity required for award of the Good Conduct Medal.  Therefore, there is insufficient evidence in which to award him this medal.

2.  His DD Form 214 shows his military specialty was labor foreman.  However, based on the fact his DD Form 214 shows his component was Infantry and the Hospital Admission Cards data base printout showing his branch of service and unit was infantry, it is apparent he served as an infantryman in an infantryman unit when he was wounded.  His being wounded verifies he was involved in hostile action.  As such, it would be appropriate to award him the Combat Infantryman Badge and add it to his DD Form 214.

3.  Evidence indicates he served honorably during a period of qualifying service authorized for the National Defense Service Medal.  As such, it would be appropriate to add this award to his DD Form 214.

4.  Evidence indicates he served during a period of qualifying service authorized for the Republic of Korea War Service Medal.  As such, it would be appropriate to add this award to his DD Form 214.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.

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 Combat Infantryman Badge, National Defense Service Medal, and Republic of Korea War 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 awarding him the Army Good Conduct Medal.  




      ___________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)                                         AR20110002882



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ABCMR Record of Proceedings (cont)                                         AR20110002882



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