IN THE CASE OF:	  

		BOARD DATE:	  7 July 2015

		DOCKET NUMBER:  AR20140020440


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, in effect, to receive the Congressional Gold Medal and be awarded the Combat Infantryman Badge (CIB) for his service in the Republic of Korea (ROK).   

2.  The applicant states, in effect, that President Obama approved the Congressional Gold Medal for the 65th Infantry Regiment for their service and contribution to our Nation.  The applicant states he served with the 65th Infantry Regiment from 1951 through 1952 and wants to see and wear the new medal.  He also believes he is entitled to the CIB for his service in the ROK.

3.  The applicant provides:

* DD Form 214 (Report of Separation from the Armed Forces of the United States)  
* WD AGO Form 55 (Honorable Discharge Certificate), dated 29 October 1953
* General Orders Number 549 issued by Headquarters, 3d Infantry Division on 5 December 1951

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 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 complete military record is not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed most of his records were lost or destroyed in that fire.  This case is being considered using the documents he provides and documents in his reconstructed NPRC file.

3.  The Congressional Gold Medal is an award bestowed by the United States Congress and is, along with the Presidential Medal of Freedom, the highest civilian award in the United States.  It is awarded to persons or military units "who have performed an achievement that has an impact on American history and culture that is likely to be recognized as a major achievement in the recipient's field long after the achievement."

4.  On 10 June 2014, President Barack Obama, signed the legislation (Public Law 113-120) known as "The Borinqueneers CGM Bill" at an official ceremony.  This bill honors the 65th Infantry Regiment - the only segregated Hispanic military unit that participated in three wars - with the Congressional Gold Medal.  The law established one gold medal to be made and to be given to the Smithsonian Institution to be displayed.  The Secretary of the Treasury shall make and sell duplicates in bronze.   

5.  Army Regulation 600-8-22 (Military Awards), lists all Department of the Army individual military awards authorized for issuance in recognition of accomplishments.  However, this regulation does not address the Congressional Gold Medal.  Since this is an award bestowed by the United States Congress, the applicant should seek guidance from his U.S. Senator or Representative on the process of procuring a copy of the medal.  The applicant’s request for the Congressional Gold Medal will not be discussed further in these proceedings.

6.  On 14 November 1950, the applicant enlisted in the Regular Army (RA).  His assigned military occupational specialty was 1812 (Light Weapons Infantryman) as shown on his DD Form 214.  On 29 October 1953, he was honorably discharged after completing 2 years, 11 months, 16 days of total net service.  The rank held at the time of his discharge was sergeant.  

7.  Item 26 (Foreign and/or Sea Service) of his DD Form 214 shows he was credited with 1 year, 7 months, and 18 days of foreign service.

8.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* "Bronze Star w/ Valor, GO #549 HQ 65th INF REGT 5 DEC 51"
* "OCC M D GER" (Army of Occupation Medal w/ Germany Clasp)
* "Korean Service Medal w/ 2 Bronze Service Stars"
* "United Nations SV Medal"

9.  He provides and his reconstructed record contains General Orders       Number 549 issued by Headquarters, 3d Infantry Division, APO 468, dated 5 December 1951.  This order awarded him the Bronze Star Medal with "V" Device for heroic achievement in connection with military operations against an enemy of the United States while serving as an infantryman with Company M, 65th Infantry, 3d Infantry Division, on 3 October 1951 in an assault upon enemy positions near Chorwon, Korea.

10.  There is no evidence in his record nor does he provide any that he was awarded the CIB.

11.  Army Regulation 600-8-22 (Military Awards) states there are three requirements for award of the CIB.  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.

12.  A review of the applicant's available records indicates he is entitled to additional awards that are not shown on his DD Form 214.

13.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

     a.  The National Defense Service Medal (NDSM) 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.

     b.  The Republic of Korea War Service Medal (ROKWSM) is awarded to veterans who served between 25 June 1950 and 27 July 1953 on permanent assignment for 30 consecutive days, or on temporary duty for 60 nonconsecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be awarded the CIB was carefully considered and appears to have merit. 

2.  Although there is no evidence indicating he was awarded the CIB, there is clear evidence that he meets the criteria for the award by holding an infantry MOS, being assigned to an infantry regiment (65th Infantry Regiment) and having been engaged in active ground combat as evidenced by his award of the Bronze Star Medal with "V" Device.  Therefore, is would be appropriate to award him the CIB and to correct his DD Form 214 to show this award.    

3.  The evidence of record confirms he served a qualifying period for award of the NDSM, which is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

4.  Although his exact dates of service in the ROK cannot be determined, his   DD Form 214 lists the KSM with 2 bronze service stars in which he received foreign service credit.  As such, and as a matter of equity and justice, it would be appropriate to correct his DD Form 214 to show the addition of the ROKWSM award.     

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ___ ____  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* awarding him the Combat Infantryman Badge for actions on 3 October 1951  
* amending item 27 of his DD Form 214 for the period ending 29 October 1953 by adding the following awards:

* Combat Infantryman Badge
* National Defense Service Medal 
* Republic of Korea War Service Medal 




      ____________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)                                         AR20110015448



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140020440



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1