IN THE CASE OF:	

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130019453


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, through his Member of Congress, requests correction of his discharge document to show he was awarded the Bronze Star Medal and the Combat Infantryman Badge (CIB).

2.  The applicant states he was recommended for the CIB and was awarded the Bronze Star Medal for meritorious service in the Republic of Korea.  He states he has the Bronze Star Medal, but he never received the CIB.

3.  The applicant provides:

* National Archives and Records Administration (NARA) Form 13038 (Certification of Military Service)
* General Orders Number 362, issued by Headquarters, 2nd Infantry Division on 27 August 1954
* his Bronze Star Medal citation and certificate
* Letter Order Number 6365, issued by Headquarters, II United States (U.S.) Army Corps on 30 September 1960
* DD Form 256A (Honorable Discharge Certificate)
* several photographs depicting his service in the Republic of Korea
* an extract of a newspaper article recounting his award of the Bronze Star Medal
* 2 letters from Mr. Joseph Pxxxxxxx, a friend of the applicant's who served with him in the Republic of Korea, recounting their experiences in combat
* NARA Form 13055 (Request for Information Needed to Reconstruct Medical Data)
* Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative)
* VA Form 21-526 (Veteran's Application for Compensation and/or Pension)
* VA Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD))
* VA Form 21-0958 (Notice of Disagreement)
* VA Form 21-4138 (Statement in Support of Claim)
* various other VA correspondence

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 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.  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 available record does not contain his DD Form 214 (Report of Separation from the Armed Forces of the United States); however, it does contain a Certification of Military Service from NARA.  This document shows he served as a member of the Army of the United States, during the period 30 October 1952 through 18 September 1954, at which time he was honorably discharged.  

4.  General Orders Number 362, issued by Headquarters, 2nd Infantry Division on 27 August 1954, awarded him the Bronze Star Medal for meritorious service in connection with military operations against an enemy of the United States, during the period 30 June 1953 through 27 July 1954.  These orders show he was serving in the infantry branch, and he was assigned, at the time, to Headquarters Company, 2nd Battalion, 38th Infantry Regiment, 2nd Infantry Division. 
5.  His available record does not contain documentation that shows he was awarded the CIB.  

6.  He provides numerous VA forms concerning his claim for service-connected disability for PTSD, and 2 letters from a personal friend whom he served with in the Republic of Korea, who recounts their service in Korea together.  None of the provided documents definitively show he participated in combat operations involving direct engagement with the enemy.

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

   a. The CIB is awarded to infantry officers, warrant officers, and enlisted Soldiers, possessing an infantry military occupational specialty, who served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

   b. 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.  

   c. The United Nations Service Medal is awarded to members of the Armed Forces of the United States dispatched to the Republic of 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.

   d. The 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 to be affixed to the Korean Service Medal for each campaign a Soldier is credited with participating in.  Appendix B shows that during his service in the Republic of Korea, participation credit was awarded for the following three campaigns:

* Korea, Summer – Fall 1952 (1 May 1952 – 30 November 1952)
* Third Korean Winter (1 December 1952 – 30 April 1953)
* Korea, Summer 1953 (1 May 1953 – 27 July 1953)

   e. The Republic of Korea War Service Medal was awarded to members of the U.S. Armed Forces who served in the Republic of Korea, and adjacent waters, between 25 June 1950 and 27 July 1954. The service prescribed must have been performed as follows (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of the Republic of Korea, or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over the Republic of Korea, participating in actual combat operations or in support of combat operations.

8.  General Orders Number 10, issued by Headquarters, Department of the Army in 1954, awarded his unit of assignment in the Republic of Korea, the 38th Infantry Regiment, the Republic of Korea Presidential Unit Citation, for exceptionally meritorious service to the Republic of Korea during the period      16 September 1950 through 26 October 1953.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconstructed record contains few documents; notably, it is lacking his DD Form 214.  However, it does contain a Certification of Military Service that shows he served from 30 October 1952 through 18 September 1954.  This is a NARA record, not a military record, and correction of NARA records is not within the purview of this Board.

2.  His reconstructed record contains General Orders Number 362, which awarded him the Bronze Star Medal on 27 August 1954.  Accordingly, he is entitled to correction of his military record to show he was awarded the Bronze Star Medal.

3.  He served a qualifying period of service for the following awards:

* National Defense Service Medal
* United Nations Service Medal
* Korean Service Medal with 3 bronze service stars
* Republic of Korea War Service Medal

Accordingly, it would be appropriate to correct his military record to show he was awarded them.

4.  General orders awarded his unit of assignment in the Republic of Korea, the 38th Infantry Regiment, the Republic of Korea Presidential Unit Citation during the period of time in which he was assigned.  Accordingly, it would be appropriate to correct his record to show he was awarded this medal.

5.  There is no evidence in his reconstructed record that definitively shows he participated in combat operations involving direct engagement with the enemy, as required for award of the CIB.  
6.  Although he was assigned to an infantry unit during the Korean War, the governing regulation specifically requires evidence that shows he engaged the enemy as a member of an infantry unit.  His Bronze Star Medal order shows he was connected with military operations against a foreign enemy; however, they do not show he participated in combat with the enemy.  

7.  Absent documentary evidence that conclusively shows he actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to award the CIB or to correct his record to show this badge.

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 issuing him a memorandum or an appropriate document for the period              30 October 1952 through 18 September 1954 that shows his dates of service and his award of the:

* Bronze Star Medal
* National Defense Service Medal
* United Nations Service Medal
* Korean Service Medal with 3 bronze service stars
* Republic of Korea War Service Medal
* Republic of Korea Presidential Unit Citation






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 correcting his record to show he was awarded the CIB.




      ____________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)                                         AR20080016060



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ABCMR Record of Proceedings (cont)                                         AR20130019453



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