RECORD OF PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           5 February 2004      
	DOCKET NUMBER:  AR2003090018

	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. Fred N. Eichorn		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Karen A. Heinz		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 his combat service in Korea and the Combat Infantryman Badge (CIB) be added to his separation document 
(DD Form 214).  

2.  The applicant states, in effect, that he served in combat in the Korean War which entitles him to the CIB.  He further indicates that these facts were erroneously left off his final DD Form 214.

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

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 1 March 1954.  The application submitted in this case is dated 12 March 2003.  

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 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.  

4.  The available records confirm that the applicant entered active duty on 
17 April 1951 and that he was trained and served in military occupational specialty (MOS) 1812 (Light Weapons Infantryman).  They also show that he served for 2 years, 5 months, and 25 days until 1 March 1954, at which time he received an undesirable discharge (UD).  

5.  Although specific records concerning his combat service in Korea are no longer on file, an Army Discharge Review Board (ADRB) case report published in 1981, confirms that the applicant’s UD was upgraded by the ADRB based on his honorable combat service.  This document confirms that the applicant served overseas from May 1951 through July 1952.  His overseas service from May 1951 through August 1951 was served in Hawaii and the period September 1951 through July 1952 was served in Korea.  The ADRB case report also verifies that he served in Korea and saw combat.  The ADRB members also found that based on his qualifying combat service in an infantry specialty, the applicant should have received the CIB.  

6.  On 1 July 1981, the ADRB voted to upgrade the applicant’s discharge to honorable based on his record of combat service.  As a result, a new DD Form 214 was published.  This document shows that the applicant was honorably discharged, under the provisions of Army Regulation 615-368, by reason misconduct, frequent incidents of a discreditable nature with civil or military authorities.  It also indicates that he had completed a total of 2 years, 5 months, and 25 days of creditable active military service, 1 year, 3 months, and 4 days of overseas service, and that he had accrued 140 days of time lost.  

7.  The DD Form 214 contains the entry “None” in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) and Item 
18 (Remarks) contains no entry showing the time the applicant served in Korea.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-10 contains guidance on award of the National Defense Service Medal.  It states, in pertinent part, 
that it was awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive.  

9.  Paragraph 5-8 of the awards regulation contains guidance on award of the Korean Service Medal.  It states, in pertinent part, that it is awarded for service in Korea between 27 June 1950 and 27 July 1954.  

10.  Paragraph 8-6 of the same regulation contains the criteria for awarding the CIB. It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must hold an infantry MOS and be satisfactorily performing infantry duties; must be assigned to an infantry unit of brigade or smaller size during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat. 

11.  Paragraph 9-12 contains guidance on award of United Nations Service Medal.  It states, in pertinent part, that this award is authorized for members who served in Korea during the period between 27 June 1950 and 27 July 1954, and that members who were awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

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 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 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to document his service in Korea and to show he earned the CIB was carefully considered and it was determined to have merit.  

2.  Although the applicant’s file does not contain an official personnel qualification record showing the specific dates of his service in Korea, the information recorded in the 1981 ADRB case summary confirms he served in Korea for 
11 months, from September 1951 through July 1952.  It also verifies that based on his combat service in Korea in a qualifying infantry specialty and unit, he should have received the CIB.  It appears the supporting personnel records were available to the ADRB during its 1981 review and as a result, information documented in the case report is accepted as valid, in the interest of equity and fairness to the applicant.  

3.  Based on the available evidence, the applicant’s service in Korea also entitles him to the Korean Service Medal and United Nations Service Medal.  In addition, based on his active duty service during a qualifying period, he is also entitled to the National Defense Service Medal.  

4.  The applicant is advised that to apply for the Korean War Service Medal, he should submit a copy of his 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 Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214.

BOARD VOTE:

FE___  __KH___  ___JPI   ____  GRANT 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 amending his 1 March 1954 DD Form 214 to read as follows:  Item 13 - “National Defense Service Medal, Korean Service Medal, United Nations Service Medal, and Combat Infantryman Badge”; Item 18 - “Korea-Yes (0951-0752)”; and by providing him a corrected separation document that reflects these changes.  

		Fred N. Eichorn
	                                               CHAIRPERSON

INDEX

CASE ID	AR2003090018	
SUFFIX		
RECON		
DATE BOARDED	2004/02/05	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1954/03/01	
DISCHARGE AUTHORITY	AR 615-368	
DISCHARGE REASON	Misconduct	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.