RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 February 2006
      DOCKET NUMBER:  AR20050007463


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Dennis J. Phillips            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Combat
Infantryman Badge.

2.  The applicant states, in effect, that he was a squad and a platoon
corporal and a basic infantry Soldier.  He states, "I engaged in combat
with the North Koreans – they shot at us and we killed a bunch of them."

3.  The applicant provides a copy of his DD Form 214, Report of Separation
from the Armed Forces of the United States, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 1 February 1955, the date of his separation.  The application
submitted in this case is dated 11 May 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records for his Korean wartime service were
lost or destroyed in the National Personnel Records Center fire of 1973.
Information herein was obtained from reconstructed records and other
sources.

4.  The applicant's records show that he enlisted in the Regular Army for
3 years on 2 February 1952.  He was honorably separated, in the rank of
Corporal, on 1 February 1955, after having completed 3 years active
military service.

5.  The applicant's DD Form 214 shows he was awarded the Good Conduct
Medal; the Army of Occupation Medal, with Germany Clasp; the National
Defense Service Medal; the Korean Service Medal, with three bronze service
stars; and the United Nations Service Medal.  The Combat Infantryman Badge
is not shown on his DD Form 214.

6.  The applicant's DD Form 214 shows that on the date of his separation he
was assigned to the Artillery branch and held the military occupational
specialty 1641, Field Wire Foreman.

7.  Special Orders Number 23, Paragraph 89, published by Headquarters,
2053d Personnel Center, Fort George G. Meade, Maryland, shows the applicant
was released from active duty and transferred to the US Army Reserve
Control Group (Reinforcement) in the Artillery branch and in the MOS 1641.

8.  Item 28, (Most Significant Duty Assignment), of the applicant's DD
Form 214, shows Company E, 9th Infantry Regiment, as the applicant's most
significant duty assignment.  A review of those limited documents that are
in the applicant's reconstructed service records failed to identify the
time period during which he served with this unit in Korea.

9.  Item 26 (Foreign and/or Sea Service), of the applicant's DD Form 214,
shows he had 1 year, 11 months, and 3 days foreign service.  The applicant
was awarded the Army of Occupation Medal, with Germany Clasp.  It was
noted in AR 600-8-22 that the period of eligibility for award of the Army
of Occupation Medal for service in Germany (exclusive of Berlin) extended
from 9 May 1945 through 5 May 1955.  The service which qualified the
applicant for award of the Army of Occupation Medal, with Germany Clasp,
is not available to the Board.

10.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and
Campaign Participation Credit Register, shows the applicant's unit,
Company E, 2nd Battalion, 9th Infantry Regiment, 2d Infantry Division,
was awarded the Republic of Korea Presidential Unit Citation, for the
period 16 September 1950 through 26 October 1953, by Department of the
Army General Orders (DAGO) Number 10, dated 1954.

11.  Army Regulation 600-8-22 prescribes Army policy and procedures
concerning awards.  Paragraph 8-6 provides for award of the Combat
Infantryman Badge.  This paragraph states that 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.  Specific requirements state, in effect, that an Army enlisted
Soldier must have an infantry specialty, satisfactorily performed duty
while assigned or attached as a member of an infantry unit of brigade,
regimental, or smaller size during any period such unit was engaged in
active ground combat.
A recipient must be personally present and under hostile fire while
serving in an assigned infantry primary duty, in a unit actively engaged
in ground combat with the enemy.

12.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
heroic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign service award to eligible US veterans
of the Korean War, or their surviving next of kin.  The medal is provided
at no cost to veterans.  The Department of Defense assigned responsibility
to the Department of the Air Force for distribution of the Korean War
Service Medal to eligible veterans or their surviving next of kin.  To
apply, veterans must submit a copy of their discharge paper (DD Form 214)
to the Awards and Decorations Section, Headquarters, Air Force Personnel
Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-
4714.  A sample request form is provided.  Once the Department of the Air
Force has authorized the Korean War Service Medal, the applicant may apply
to the Army Board for Correction of Military Records to have it added to
his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was assigned to the Artillery branch
and held the MOS 1641.  The applicant did not provided any evidence, and
his reconstructed records had none, to support his contention that he was a
basic infantry Soldier and that he served as a squad or platoon corporal
while in Korea.

2.  Based on the available evidence, the applicant is not entitled to award
of the Combat Infantryman Badge and to have it added to his DD Form 214.

3.  In the processing of this case, it was noted that the applicant had 1
year, 11 months, and 3 days foreign service.  The applicant was awarded the
Army of Occupation Medal, with Germany Clasp.  It was noted in AR 600-8-22
that the period of eligibility for award of the Army of Occupation Medal,
for service in Germany (exclusive of Berlin), extended from 9 May 1945
through 5 May 1955.  The service which qualified the applicant for award of
the Army of Occupation Medal, with Germany Clasp, is not available to the
Board.

4.  The applicant stated, and his DD Form 214 showed, that his most
significant unit of assignment was Company E, 9th Infantry Regiment.
Dependent upon the dates and period of his service with this unit, the
applicant may be eligible for award of the Republic of Korea Presidential
Unit Citation; however, with the limited, verifiable information available,
this award can not be added to his DD Form 214 at this time.

5.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 1 February 1955; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 31 January 1958.  However, the applicant did not
file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_DJP____  _YM____  _MJF____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Yolanda Maldonado_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050007463                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060202                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.   157                |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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