BOARD DATE:	  21June 2012

		DOCKET NUMBER:  AR20110025195 


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 his duty assignment with Company F, 21st Infantry Regiment, 24th Infantry Division.  He also requests award of the Combat Infantryman Badge (CIB).

2.  The applicant states:

* he wants his records to reflect his service with Company F, 21st Infantry Regiment, 24th Infantry Division
* he never received the CIB

3.  The applicant provides:

* DD Form 214
* Purple Heart Certificate

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 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 enlisted in the Regular Army on 29 July 1947 for a period of 3 years.

4.  A Morning Report, dated 16 September 1950, shows he was assigned to Company F, 21st Infantry Regiment, in Korea on that date.

5.  He served in Korea and he was honorably discharged on 19 November 1951 in the rank of private first class (temporary).

6.  His DD Form 214 shows in:

* item 5 (Qualifications – Specialty Number or Symbol) – 4677 (military policeman)
* item 28 (Most Significant Duty Assignment) – Enlisted Detachment, 4005th Area Service Unit Station Complement, Fort Hood, Texas
* item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – Korean Service Medal with three bronze service stars
* item 29 (Wounds Received as a Received as a Result of Action with Enemy Forces) – None

7.  His DD Form 214 shows he was separated from the service on a temporary service record and a Soldier's affidavit.

8.  A Western Union telegram states he was slightly wounded in action in Korea on 5 September 1950.

9.  The Korean War Casualty File shows he was wounded in action on 5 September 1950.  It also shows he was a private/E-2 and his branch was Infantry.

10.  There are no orders for the CIB in the available records.

11.  Army Regulation 600-8-22 (Military Awards) provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

12.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

13.  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, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

14.  Army Regulation 600-8-22 states the United Nations Service Medal (UNSM) 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.

15.  Special Regulation Number 615-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required.  The regulation specifically stated the last unit, or similar element, to which assigned for duty rather than the element of which an individual was a part while moving to a separation point would be entered in item 28.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he was assigned to Company F, 21st Infantry Regiment, 24th Infantry Division, in Korea in 1950.  However, there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment and major command.  Therefore, there is insufficient evidence with which to amend his DD Form 214 to show his duty assignment with Company F, 21st Infantry Regiment, 24th Infantry Division.

2.  Although his DD Form 214 shows his MOS as military policeman at the time of his discharge, the available records show he was assigned to an infantry unit in Korea, he was wounded in action, and his branch was infantry at time he was wounded.  It is reasonable to presume his infantry MOS was changed to military policeman after he was wounded.  Any reasonable doubt should be resolved in the applicant's favor.  Therefore, there is sufficient evidence on which to base award of the CIB.

3.  The Western Union telegram which states the applicant was slightly wounded in action on 5 September 1950 in Korea is accepted as sufficient evidence with which to base award of the Purple Heart and correction of item 29 of his DD Form 214.

4.  Based on award of the Korean Service Medal, he is eligible for the UNSM.  His DD Form 214 should be corrected to show this medal.

5.  He served a period of qualifying service for award of the NDSM.  His DD Form 214 should be corrected to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  awarding him the Purple Heart for wounds received in action on 5 September 1950 in Korea;

	b.  awarding him the CIB effective 5 September 1950;

	c.  deleting the entry from item 29 of his DD Form 214 and replacing it with the entry "Korea, 5 September 1950"; and 

	d.  adding the Purple Heart, NDSM, UNSM, and CIB to his DD Form 214.

2.  The Board further determined 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 adding a duty assignment to 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)                                         AR20110025195



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ABCMR Record of Proceedings (cont)                                         AR20110025195



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