BOARD DATE:	 10 April 2014 

		DOCKET NUMBER:  AR20130011769 


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 the Combat Infantryman Badge and two additional bronze service stars.  

2.  The applicant states these awards were not listed on his DD Form 214 due to an oversight at the time of his separation.

3.  The applicant provides his DD Form 214, a newspaper article, certificate, and a page titled Take Pride in Your Korean Service Medal.

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 was inducted into the Army of the United States on 14 February 1951 and he held military occupational specialty (MOS) 1745 (Light Weapons Infantry Leader).  He served in Korea from 28 May to 27 December 1952 while assigned to Company K, 14th Infantry Regiment, 25th Infantry Division.

3.  He was honorably released from active duty on 28 January 1953 in the rank of corporal (CPL) and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 15 days of creditable active service with no lost time.

4.  The DD Form 214 he was issued shows award of the Korean Service Medal with one bronze service star and the United Nations Service Medal.

5.  His records are void of orders showing he was awarded the Combat Infantryman Badge.  Section 9 (Medals, Decoration, and Citations) of his DD Form 230 (Service Record) does not show the Combat Infantryman Badge.

6.  Army Regulation 600-65 (Service Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

7.  Section 17 (Indorsements) of his DD Form 230 shows he had all “excellent” conduct and efficiency ratings throughout his military service except for the periods listed below when he had “unknown” ratings:

* 20 to 24 February 1951, while assigned to the 60th Field Artillery Battalion, Fort Dix, NJ
* 19 to 23 April 1952, while assigned to the 10th Replacement Company, Fort Riley, KS
* 5 June 1952, while assigned to the 25th Replacement Company, Korea
* 7 to 8 January 1953, while assigned to the Replacement Depot, Japan

8.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

9.  The applicant provides a newspaper article, undated, wherein it stated the applicant had been awarded the Combat Infantryman Badge while serving in Korea with Company K, 14th Infantry Regiment, 25th Infantry Division.  

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states the:

	a.  Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  A bronze service star is authorized for wear on the Korean Service Medal for each campaign a member participates in during a qualifying period of service.  A review of the applicant's records shows during his service in Korea he participated in three campaigns.

	b.  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.  

	c.  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.  

11.  Army Regulation 600-8-22 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Korea from 28 May to 27 December 1952 and during this service he participated in three campaigns.  Therefore, he is entitled to two additional bronze service stars for wear on his already-awarded Korean Service Medal and correction of his DD Form 214 accordingly.

2.  He served honorably during the period 14 February 1951 through 28 January 1953.  He attained the rank of CPL and his records are void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal.  He received all “excellent” conduct and efficiency ratings throughout his military service except for the “unknown” ratings he received on four occasions when he either first arrived to a unit or was temporarily at a replacement company.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

3.  He served during a qualifying period for award of the National Defense Service Medal and the Republic of Korea War Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  With respect to the Combat Infantryman Badge, 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.

5.  While the applicant's service in Korea in an infantry MOS is not in question, there is no evidence in his records and he did not provide sufficient evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  His records are void of orders awarding him the Combat Infantryman Badge and his DD Form 230 does not show this badge.

6.  Regrettably, in the absence of evidence that conclusively shows he actively participated in ground combat, there is insufficient evidence upon which to base award of the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 February 1951 through 28 January 1953
* deleting from his DD Form 214 the Korean Service Medal with one bronze service star
* adding to his DD Form 214 the:
* Army Good Conduct Medal (1st Award)
* Korean Service Medal with three bronze service stars
* National Defense Service Medal
* Republic of Korea War Service Medal

2.  The Board further determined that 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 award of the 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)                                         AR20130011769





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ABCMR Record of Proceedings (cont)                                         AR20130011769



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