IN THE CASE OF:	  

		BOARD DATE:	    8 March 2012

		DOCKET NUMBER:  AR20110018455 


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 award of the Combat Infantryman Badge (CIB).  

2.  The applicant states he was awarded the Purple Heart (PH) and Bronze Star Medal (BSM) with “V” Device while serving in Korea which should support award of the CIB.  

3.  The applicant provides BSM with “V” Device orders 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.  The applicant’s record shows he was appointed a second lieutenant in the Infantry of the U.S. Army Reserve (USAR) on 5 June 1950 and entered active duty in that status on 30 September 1950.  His WD AGO Form 66 (Officer Qualification Record) shows he served in Korea from 6 September 1951 through
4 January 1952.  Item 28 (Chronological Record of Military Service) shows that during his tour in Korea, he was assigned to Company M, 31st Infantry performing duties in specialty 1542 as a platoon leader.  Item 41 (Awards and Decorations) does not include the CIB.  

3.  The applicant’s record contains Headquarters, 7th Infantry Division General Orders Number 96, dated 23 February 1952.  These orders show that while serving as an infantry officer in Korea, on 11 November 1951, he was awarded the BSM with “V” Device for heroic achievement while in charge of a patrol with the mission of destroying enemy emplacements.  An awards packet shows the presentation of the award was made on 30 July 1952, subsequent to his release from active duty (REFRAD).  

4.  On 5 May 1952, the applicant was honorably REFRAD, in the rank of first lieutenant, after completing 1 year, 7 months, and 6 days of active service.  The DD Form 214 (Report of Separation from the Armed Forces of the United States) he was issued at the time shows he earned the following awards during his active duty tenure:

* Korean Service Medal (KSM) with 1 bronze service star
* PH
* United Nations Service Medal 

5.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 5-9 contains guidance on the KSM.  It states a bronze service star is authorized with this award for each campaign a member was credited with participating in while serving in Korea.  

6.  Paragraph 8-2 of the awards regulation contains guidance on the CIB.  It states in order to award the CIB a Soldier must be an Army infantry officer in the grade of colonel or below; must hold an infantry specialty and serve in an infantry unit of brigade, regimental or smaller size; and must have been personally present and participated with his infantry unit while it was engaged in active ground combat with enemy forces.  



7.  Paragraph 9-16 of the awards regulation contains guidance on the Republic of Korea War Service Medal (ROKWSM).  It states it is authorized for service in Korea between 25 June 1950 and 27 July 1953.  

8.  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.  

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Register) contains guidance on eligibility for unit awards and campaign participation for World War II and Korea.  It shows that during his tenure of assignment, the applicant’s unit (31st Infantry Regiment) received campaign participation credit for the United Nations Summer-Fall Offensive (9 July through 27 November 1951) and Second Korean Winter (28 November 1951 through    30 April 1952).

DISCUSSION AND CONCLUSIONS: 

1.  The applicant’s request to be awarded the CIB has been carefully considered and found to have merit.  By regulation, the CIB is authorized to members who hold and serve as an infantryman in a qualifying infantry unit of brigade, regimental, or smaller size and who were personally present and participated with their qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

2.  The evidence of record confirms the applicant held and served in an infantry specialty in a qualifying infantry unit while serving in Korea.  His personal presence and participation with his unit in active ground combat is confirmed by his award of the BSM with “V” Device for heroism in connection with operations against enemy forces on 11 November 1951 in Korea.  As a result, it would be appropriate to award him the CIB, effective 11 November 1951, and add it to his DD Form 214.  

3.  The evidence also confirms that based on his service and campaign participation in Korea, the applicant is eligible for the ROKWSM, National Defense Service Medal, and 2 bronze service stars with his KSM.  Therefore, it would also be appropriate to add these awards to his record and 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 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 amending his DD Form 214 by deleting the current Korean Service Medal with
1 bronze service star entry and adding the Korean Service Medal with 2 bronze service stars, National Defense Service Medal, Combat Infantryman Badge, and Republic of Korea War Service 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)                                         AR20110018455



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ABCMR Record of Proceedings (cont)                                         AR20110018455



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