BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20130002120
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 that his Combat Infantryman Badge (CIB) be added to his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states that he was awarded the CIB on 15 August 1953 and he desires it to be reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and orders awarding him the CIB.
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 for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States in Nebraska on 30 September 1952. He completed his training and he was transferred to Korea and assigned to Company C, 9th Infantry Regiment.
4. On 15 August 1953, while serving in the rank of private first class, Special Orders Number 195 were published by the 9th Infantry Regiment awarding the applicant the CIB effective 26 July 1953.
5. The applicant was promoted to the rank of corporal on 23 October 1953 and after serving 1 year, 4 months and 3 days of foreign service he was honorably released from active duty (REFRAD) on 20 July 1954. The DD Form 214 he was issued at the time of REFRAD shows he was awarded the Korean Service Medal with two bronze service stars, United Nations Service Medal, National Defense Service Medal, and the Republic of Korea Presidential Unit Citation.
6. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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 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. The applicant was awarded the CIB in duly authenticated orders on 15 August 1953 and it was omitted from his DD Form 214 at the time of his REFRAD. Accordingly, he is entitled to have that award added to his DD Form 214 at this time.
2. Additionally, the applicant served during a qualifying period for award of the ROKWSM and he is entitled to have it added to his 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 adding the CIB and ROKWSM 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) AR20130002120
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