IN THE CASE OF:	  

		BOARD DATE:	    3 April 2012

		DOCKET NUMBER:  AR20110018068 


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 the DD Form 214 (Report of Separation from the Armed Forces of the United States) of his father, a former service member (FSM), to show award of the Combat Infantryman Badge (CIB), National Defense Service Medal, and United Nations Service Medal.

2.  The applicant states his father is certain he should have received the CIB for his service in the Korean War.  His father was assigned to Company L, 34th Infantry Regiment, and has a shell fragment wound to the right side of his face.  His father was wounded during the Korean War and received the Purple Heart.

3.  The applicant also states his father was awarded the National Defense Service Medal and United Nations Service Medal.  These awards are not listed on his father's DD Form 214.

4.  The applicant provides:

* his birth certificate
* Power of Attorney
* letter from the National Personnel Records Center (NPRC) to his father

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 FSM's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, a reconstructed record contains sufficient documentation and evidence provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The available military records show the FSM enlisted in the Regular Army on 3 July 1950.  He completed training and he was awarded military occupational specialty (MOS) 4745 (Automatic Rifleman).

4.  The FSM's service dates in Korea are not known; however, he was issued a DD Form 214 that credited him with completing 8 months and 13 days of foreign service and showing he was assigned to Company L, 34th Infantry Regiment, APO 248 (Korea).

5.  The FSM was discharged in pay grade E-1 on 17 April 1952 as a result of being sentenced by a court-martial and issued a dishonorable discharge.  He was credited with completing 1 year, 1 month, and 14 days of active service with 246 days of lost time.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the Purple Heart and Korean Service Medal.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) shows he was wounded in Korea on 19 May 1951.

7.  There are no orders in the FSM's available service personnel records that show he was awarded the CIB.

8.  The applicant provides a copy of a letter from the NPRC, dated 16 February 2011, wherein the FSM was advised of his entitlement to the following awards:  

Purple Heart, National Defense Service Medal, Korean Service Medal, and United Nations Service Medal.  The letter did not advise him that he was entitled to award of the CIB.

9.  Army Regulation 600-70 (Badges), dated 15 April 1948, stated the CIB was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat.  Commanding officers of infantry regiments and separate infantry battalions were the award authorities.

10.  Army Regulation 600-8-22 (Military Awards) states a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers who served in the Korean Conflict during the period 27 June 1950 to 27 July 1953.  The regulation 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.

11.  Army Regulation 600-8-22 also states 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.

12.  Army Regulation 600-8-22 further states the United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954.  Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

13.  Army Regulation 600-8-22 also 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 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders that show the FSM was awarded the CIB.  However, the available evidence shows he was awarded the Purple Heart for wounds received as a result of hostile action in Korea on 19 May 1951.  The available evidence also shows he served in an infantry MOS in an infantry unit.  His award of the Purple Heart is accepted as evidence that he was personally present and participated in active ground combat while assigned or attached to this infantry unit in Korea.  Therefore, he should be awarded the CIB and his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows FSM enlisted on 3 July 1950, completed training and awarded a MOS, and served in Korea.  Therefore, he completed a qualifying period of service from July 1950 to on or about July 1951, during one of the qualifying periods for award of the National Defense Service Medal.   Therefore, he is entitled to this award and its addition to his DD Form 214.

3.  The available evidence also shows he served a qualifying period of service for entitlement to the United Nations Service Medal and Republic of Korea War Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

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 adding the following awards to item 27 of the FSM's DD Form 214:

* National Defense Service Medal
* United Nations Service Medal



* Republic of Korea 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)                                         AR20110018068



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ABCMR Record of Proceedings (cont)                                         AR20110018068



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