BOARD DATE:	  7 January 2014

		DOCKET NUMBER:  AR20130008521 


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 combat pay for his service in Korea.

2.  The applicant states all of his comrades who served along with him in Korea have received their pay.  He served 21 months of his 2 year draft time because of his combat time served.  He received a combat ribbon with 2 battle stars.

3.  The applicant provides:

* his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of 7 August 1952
* a DD Form 667 (Claim for Combat Pay), dated 2 October 1952
* a DA AGO Form 209 (Delay and Referral Notice), dated 28 January 1953 
* a letter, dated 20 February 1953, from the Department of the Army, Office of The Adjutant General

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.  His 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 his records were lost or destroyed in that fire.  The only records available to this Board are the records provided by the applicant.  

3.  His DD Form 214 shows:

* on 7 November 1950, he was inducted into the Army of the United States  
* he was awarded military occupational specialty 3319 (Engineer Equipment Mechanic)
* his most significant assignment was Headquarters and Service Company, 13th Engineer (Combat) Battalion
* he served 11 months and 13 days of foreign and/or sea service
* he was awarded the Korean Service Medal with two bronze service stars
* on 7 August 1952, he was released from active duty
* he completed 1 year, 9 months, and 1 day of active service that was characterized as honorable

4.  He provided a DD Form 667 showing that on 2 October 1952 he filed a claim for combat pay from April 1951 to January 1952.  The form is stamped "APPEAL" indicating he was appealing a previous denial of his claim.

5.  The reverse side of the DD Form 667 provides the qualifications for combat pay at the time.  Service in Korea or adjacent waters did not in itself qualify an individual to receive combat pay.  To be qualified for combat pay the individual must have served with a combat unit and been actually under hostile fire or actually subjected to explosion for not less than 6 days during the month.

6.  He provided a letter, dated 20 February 1953, from the Department of the Army, Office of The Adjutant General.  According to the letter:

	a.  His claim for combat pay had again received careful consideration including a thorough review of all available records.

	b.  The records showed he was assigned to Headquarters and Service Company, 13th Engineer (Combat) Battalion from 3 April 1951 through 
4 February 1952 while in Korea.

	c.  Reports rendered by the Commander-in-Chief (CinC), Far East Command showed that his organization qualified for combat pay only for the month of December 1950.

	d.  Since the records showed the applicant was not assigned to the unit until April 1951 his claim for combat pay could not be allowed.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Korean Service Medal was awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954 under any of the following conditions:

		(1)  Within the territorial limits of Korea or in waters immediately adjacent thereto.

		(2)  With a unit under the operational control of the CinC, Far East, other than one within the territorial limits of Korea, which has been designated by the CinC, Far East, as having directly supported the military efforts in Korea.

		(3)  Was furnished an individual certificate by the CinC, Far East, testifying to material contribution made in direct support of the military efforts in Korea.

	b.  One bronze service star was authorized for the Korean Service Medal for each campaign under the specific conditions that included:

		(1)  Assigned or attached to and present for duty with a unit during the period in which it participated in combat.

		(2)  Under orders in the combat zone and in addition meets any of the following requirements:

* awarded a combat decoration
* furnished a certificate by a commanding general of a corps, higher 	unit, or independent force that he actually participated in combat
* served at a normal post of duty (as contrasted to occupying the 	status of an inspector, observer, or visitor)


DISCUSSION AND CONCLUSIONS:

1.  He contends all of his comrades he served with have received their combat pay.  However, he has provided no substantive evidence identifying these comrades or the dates during which they were entitled to combat pay.  

2.  He contends he received a combat ribbon (determined to mean the Korean Service Medal) and therefore he should be entitled to combat pay.  However, according to the regulation, the Korean Service Medal could be awarded to individuals under the operational control of the CinC, Far East outside the territorial limits of Korea.  Therefore, entitlement to the Korean Service Medal did not in of itself automatically entitle a member to combat pay.

3.  There was no minimum participation in a campaign in order to qualify for a bronze service star on the Korean Service Medal.  One day of participation during a campaign could qualify a member for a bronze service star.  However, a minimum of 6 days with a combat unit actually under hostile fire or subject to explosion was required for combat pay.  Therefore, entitlement to two bronze service stars on his Korean Service Medal does not automatically entitle him to combat pay.

4.  The wording of the letter, dated 20 February 1953, from the Department of the Army, Office of The Adjutant General indicates it was not the first time his claim for combat pay had been denied.  It is reasonable to conclude more records were accessible in 1953 than now.  Therefore, there is no reason to question the decision the Adjutant General made at the time.

5.  In view of the above, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X___  __X______  __X______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20130008521



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ABCMR Record of Proceedings (cont)                                         AR20130008521



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