IN THE CASE OF:	  

		BOARD DATE:	    25 August 2011

		DOCKET NUMBER:  AR20110003097 


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 the Korean Service Medal, Combat Infantryman Badge, Army Good Conduct Medal, and any other awards to which he might be entitled added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).  

2.  The applicant states these awards were never included on his DD Form 214 at the time of his discharge. 

3.  The applicant provides:

* DD Form 214
* Certification of Military Service

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.  His DD Form 214 shows:

* He was ordered to active duty from the Enlisted Reserve Corps (ERC) on 3 October 1950
* He completed 11 months and 12 days of creditable active service 
* Item 4 (Component and Branch or Class) shows the entry "ERC Inf" [Infantry]
* Item 5 (Qualifications/Specialty Number or Symbol) shows the entry "1745" [light weapons infantryman] 
* Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the Purple Heart and Army of Occupation Medal with Japan Clasp
* Item 28 (Most Significant Duty Assignment) shows Company G, 29th Infantry Regiment
* Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "Shrapnel Wound 12 Feb 51 Korea" 
* He was released from active duty on 14 September 1951 and transferred to the ERC Infantry to complete  his remaining service obligation

4.  There are no orders for the Combat Infantryman Badge or Army Good Conduct Medal in the available records.

5.  His inclusive dates of service in Korea are not available.

6.  Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  The regulation states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the Korean Service Medal.  




7.  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.  

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

9.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

10.  Army Regulation 600-8-22 provides, in pertinent part, 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.

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.  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.

DISCUSSION AND CONCLUSIONS:

1.  Based on his service in Korea and participation in at least one campaign, he is eligible for the Korean Service Medal with one bronze service star.  Item 27 of his DD Form 214 should be corrected to show this medal.

2.  Evidence shows he was an infantryman who served in an infantry military occupational specialty while an assigned member of an infantry unit in Korea.  In addition, he was wounded in action.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.  

3.  Since the applicant did not serve one year of continuous enlisted active Federal military service, he is not eligible for award of the Army Good Conduct Medal.  Therefore, there is insufficient evidence on which to base award of the Army Good Conduct Medal in this case.  

4.  Based on award of the Korean Service Medal, he is eligible for award of the United Nations Service Medal.  Item 27 of his DD Form 214 should be corrected to show this medal.    

5.  He served a period of qualifying service for award of the National Defense Service Medal and Republic of Korea War Service Medal.  Item 27 of his DD Form 214 should be corrected to show these medals.

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 Korean Service Medal with one bronze service star, Combat Infantryman Badge, United Nations Service Medal, National Defense Service Medal, and Republic of Korea War Service Medal to item 27 of 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 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)                                         AR20110003097





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ABCMR Record of Proceedings (cont)                                         AR20110003097



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