IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140003824
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.
2. The applicant states his DD Form 214 shows he was authorized the Republic of Korea Presidential Unit Citation which was awarded to his unit, the 5th Regimental Combat Team on 12 June 1952.
3. The applicant does not provide any evidence.
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 records show he was inducted into the Army of the United States and entered active duty on 9 July 1952.
3. His DD Form 230 (Service Record) shows he served in Korea with the
5th Infantry Regiment from on or about 14 February 1953 to 14 January 1954.
4. His Service Record also shows Special Orders (SO) Number 60, issued by Headquarters, 5th Infantry Regiment, on 9 March 1953, awarded him the Combat Infantryman Badge.
5. He was honorably released from active duty on 17 April 1954. His DD Form 214 shows he was awarded or authorized the:
* Korean Service Medal with 2 bronze service stars
* Good Conduct Medal
* United Nations Service Medal
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation
6. Army Regulation 600-8-22 (Military Awards) states the 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. 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.
7. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, and later Army Regulation 635-5 (Separation Documents) provide that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.
DISCUSSION AND CONCLUSIONS:
1. SO awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.
2. The applicant also meets the eligibility criteria for award of the Republic of Korea War Service Medal, and it should also be 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 Combat Infantryman Badge and Republic of Korea War Service Medal 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) AR20140003824
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140003824
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060009839
The application submitted in this case is dated 25 April 2006 and was received on 10 July 2006. On 4 August 1999, the Army Board for Correction of Military Records (ABCMR) recommended correction of the applicant's records to show award of the Purple Heart and the Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing he was awarded the Combat Infantryman Badge on 7 April 1951; b. by awarding him...
ARMY | BCMR | CY2011 | 20110012480
Counsel requests correction of the applicant's records to show award of the Korean Service Medal with 3 bronze service stars and Combat Infantryman Badge. c. The 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. The evidence of record shows the applicant qualified for the: * National Defense Service Medal based on his active duty service during the Korean War * Korean Service...
ARMY | BCMR | CY2013 | 20130008664
The applicant's military records are not available to the Board for review. His DD Form 214 further shows he completed 1 year, 9 months, and 17 days of creditable active service and with no lost time. ____________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.
ARMY | BCMR | CY2008 | 20080019817
There are no orders or other evidence in the applicants military personnel records that show he was awarded the Bronze Star Medal. The applicants DD Form 214, with an effective date of 3 February 1953, shows award of the Korean Service Medal; however, it does not show award of the United Nations Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal (first...
ARMY | BCMR | CY2008 | 20080010609
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Infantryman Badge. The applicants military records are not available to the Board for review. He served as an infantryman in Korea and was released from active duty on 12 November 1954.
ARMY | BCMR | CY2008 | 20080001469
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) with the period ending 3 July 1954 to show award of two Purple Hearts, the Army Good Conduct Medal, and the Expert Marksmanship Qualification Badge (M-1). This record showed the applicant was hospitalized for combat wounds received in Korea on 8 May 1953. Although it is possible the applicant may have been wounded twice on the same day, there is insufficient evidence in...
ARMY | BCMR | CY2007 | 20070000543
The applicant requests correction of his Report of Separation from the Armed Forces of the United States (DD Form 214) to show award of the Purple Heart, Combat Infantryman Badge and the Prisoner of War Medal. On 17 July 2006, the Chief, Military Awards Branch, United States Army Human Resources Command, Alexandria, Virginia, determined that the applicant was entitled to award of the Purple Heart, Combat Infantryman Badge, Prisoner of War Medal, Korean Service Medal with one bronze service...
ARMY | BCMR | CY2013 | 20130020518
The FSM's DD Form 214 shows: * he enlisted in the Regular Army on 30 September 1949 * on 11 October 1952, he was honorably discharged * he served 3 years and 12 days of creditable active service with no days lost * he served 9 months and 20 days overseas * he was assigned to the 5th Infantry Regiment * he received wounds as a result of action with enemy forces on 4 February 1951 * his awards are: * Korean Service Medal with 4 bronze service stars * Combat Infantryman Badge * he was...
ARMY | BCMR | CY2011 | 20110003258
The applicant, a niece and court-appointed administrator of the estate of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1964 to show award of the: * Purple Heart * Prisoner of War (POW) Medal * any and all medals to which he may be entitled 2. The evidence of record also shows the FSM was held as a POW in Korea from 23 April 1951 through 31 August 1953. ...
ARMY | BCMR | CY2011 | 20110020054
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 July 1969 to show the Combat Infantryman Badge, Korean Service Medal, and the United Nations Service Medal. This pamphlet shows that during the applicant's period of service, the 23rd Infantry Regiment was twice cited for award of the Republic of Korea Presidential Unit Citation for the period: * 16 September 1950 through 26 October 1953 by...