RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         2 March 2006
      DOCKET NUMBER:  AR20050010093


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, that he was assigned to and performed
duties in Company D, 23rd Infantry between 1949 and 1951, which included
service in Korea from August 1950 to June 1951.  He further states that he
was awarded the Purple Heart (PH) twice, on 24 September 1950 and 18
October 1950, and he went through basic training as an infantryman at Fort
Breckenridge, Kentucky. He claims that after he returned from Korea, he was
assigned to the 538th Service Company, an Artillery unit.  He claims he is
not sure why his separation document (DD Form 214) shows he was a truck
driver.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 2 June 1952.  The application submitted in this case was
received on 28 July 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 limitations 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 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 the
applicant’s 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.  This is being
considered using reconstructed records, which primarily consist of the
applicant's DD Form 214; Silver Star Orders; Company D, 23rd Infantry
Personnel Roster; and Office of the Surgeon General (OTSG) Hospital
Admission Records for 1950 through 1954.


4.  The applicant's DD Form 214 shows he enlisted in the Regular Army and
entered active duty on 4 January 1949.  He served on active duty for 3
years,
4 months, and 29 days until 2 June 1952, at which time he was honorably
separated.  Item 27 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) shows that during his tenure on
active duty, the applicant earned the following awards:  Purple Heart (2);
United Nations Service Medal (UNSM); Korean Service Medal with 5 bronze
service stars; and Silver Star.

5.  The applicant's National Personnel Records Center (NPRC) file contains
a copy of Headquarters, 2nd Infantry Division General Orders (GO) Number
(#) 60, dated 30 September 1950.  These orders awarded the applicant the
Silver Star for gallantry in action in Korea on 31 August 1950, while he
was a member of Company D, 23rd Infantry Regiment, 2nd Infantry Division.
The applicant's standard name line in these orders indicate he was a member
of the Infantry.

6.  Two OTSG Hospital Admission Records for 1950 on file show the applicant
was admitted to medical treatment facilities in Korea on 24 September 1950
and 30 November 1950, respectively.  The 24 September 1950 admission record
indicates the applicant's branch of service was infantry, and that he was
admitted and treated for a combat related wound he received as a result of
enemy action.  The OTSG hospital admission record for 30 November 1950 also
shows his branch of service was infantry, and that he was admitted for a
combat related wound he received as a direct result of enemy action.

7.  The NPRC file also contains a Personnel Roster for Company D, 23rd
Infantry Regiment, dated 31 July 1950.  This roster includes the
applicant's name and lists his branch of service as infantry and his
military occupational specialty (MOS) as 4812 (Heavy Weapons Infantryman).


8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 8-6 provides for
award of the CIB.  That paragraph states that there are basically 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.

9.  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 historic 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 eligible
veterans or their next of kin until the remaining supply runs out.

10.  Effective 1 January 2006, the U.S. Army was authorized to award the
Republic of Korea Korean War Service Medal (ROK-KWSM) to eligible U.S. Army
veterans or their next of kin.  To qualify for award of the ROK-KWSM, the
veteran must have served between the outbreak of hostilities on 25 June
1950 and the date the armistice was signed on 27 July 1953 and been on
permanent assignment for 30 consecutive days, or on temporary duty for 60
non-consecutive 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 claim of entitlement to the CIB was carefully
considered and found to have merit.  Although his separation document
indicates he held a truck driver MOS and was serving in an Artillery unit
on the date of his separation, the evidence confirms that while he was
serving in combat in Korea, he held an infantry MOS, and was assigned to
Company D, 23rd Infantry Regiment.

2.  The evidence includes a Personnel Roster for Company D, 23rd Infantry
Regiment, dated 31 July 1950.  This document confirms the applicant was a
member of this unit and was serving in the infantry MOS of 4812, which was
a heavy weapons infantryman.  Orders on file confirm he was serving in this
unit as an infantryman when he was cited for gallantry in action in Korea
on 31 August 1950, which resulted in his being awarded the Silver Star.

3.  OTSG Hospital Admission records on file confirm that when the applicant
was admitted to medical treatment facilities in Korea in September and
November 1950, to be treated for combat related wounds, he was serving in
the infantry.

4.  In view of the facts in this case, the regulatory burden of proof
necessary to support award of the CIB has been satisfied in this case.
Therefore, it would be appropriate to award the applicant the CIB and to
add it to his records at this time.
5.  The evidence also confirms that based on his service in Korea, he is
also entitled to the KWSM.  Therefore, it would also be appropriate to add
this award to his record at this time.

BOARD VOTE:

___WDP_  ___JLP  _  ___PMT_  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 and to excuse failure to timely file.  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 and showing that he is entitled to the Korean War Service Medal; and
by providing him a correction to his separation document that includes
these changes.




                                  _____William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010093                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/03/02                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1952/06/02                              |
|DISCHARGE AUTHORITY     |AR 615-360                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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