IN THE CASE OF
BOARD DATE: 11 August 2015
DOCKET NUMBER: AR20150000058
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 he was awarded the Combat Infantryman Badge.
2. The applicant states that he served in combat. His Korean Service Medal proves he served in the Korean Conflict.
3. The applicant provides:
* newspaper articles relating to his service in Korea
* mailing envelopes showing his return address in Korea
* his DD Form 214
* his Honorable Discharge Certificate
* his chronology of his military service
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 applicants 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 applicants 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 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 damaged in that fire. However, there is adequate documentation in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 6 December 1950. He held military occupational specialty 4740 (Radio Operator).
4. His DD Form 214 shows he:
a. was released from active duty on 8 September 1952;
b. completed 1 year, 9 months, and 2 days of active duty service including
11 months and 29 days of foreign and/or sea service; and
c. was awarded the Korean Service Medal with one bronze battle star and the United Nations Service Medal.
5. His records contain Special Orders 98, U.S. Military Advisory Group, Korea, dated 9 April 1952, showing he was awarded the Combat Infantryman Badge.
6. Army Regulation 600-8-22 (Military Awards) states 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.
7. Army Regulation 600-8-22 states the Republic of Korea War Service Medal (ROKWSM) 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.
DISCUSSION AND CONCLUSIONS:
1. Orders show he was awarded the Combat Infantryman Badge.
2. The applicant served a qualifying period for award of the National Defense Service Medal and ROKWSM.
3. His DD Form 214 should be corrected to show the above awards.
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 to his DD Form 214 the National Defense Service Medal, ROKWSM, and 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) AR20110009139
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ABCMR Record of Proceedings (cont) AR20150000058
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