RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 November 2003   
	DOCKET NUMBER:   AR2003090948

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert Duecaster		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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Infantryman Badge.  

2.  The applicant states, in effect, that the Combat Infantryman Badge was probably omitted due to an administrative error because he was medically evacuated to Japan and his records did not accompany him. 

3.  The applicant provides promotion orders, dated 14 August 1952; a copy of the front of an envelope; five newspaper articles; and an e-mail from his son, dated 
6 April 2003.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 14 July 1953.  The application submitted in this case is dated 30 April 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 applicant was inducted on 15 October 1951.  He served as a light weapons infantryman in Korea and was honorably discharged in the rank of sergeant on 14 July 1953 after completing 1 year and 9 months of creditable service with no time lost.

5.  The applicant's DD Form 214 shows the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Purple Heart as authorized awards.

6.  The applicant provided promotion orders, dated 14 August 1952, which show he was assigned to Company F of the 17th Infantry in military occupational specialty (MOS) 4745 (light weapons infantryman).

7.  The Korean War Casualty Roster shows the applicant's MOS was 4745 at the time he was wounded in action on 17 October 1952.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.    

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge. That 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 or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

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.

13.  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 being provided to the applicant.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served in an infantry MOS, was assigned to an infantry company, and was wounded in combat in Korea.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.  

2.  The applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 15 October 1951 through 14 July 1953 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, the applicant's DD Form 214 should be corrected to show this award.

3.  The applicant served a period of qualifying service for award of the National Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this medal.    

BOARD VOTE:

JL______  LDS____  RD______  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:

	a.  by awarding him the first award of the Good Conduct Medal for the period 15 October 1951 through 14 July 1953; and 

b.  by correcting his DD Form 214 to show award of  the Combat Infantryman Badge, the Good Conduct Medal, and the National Defense Service Medal.

		_Joann Langston_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003090948	
SUFFIX		
RECON		
DATE BOARDED	20031120	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0000	
3.		
4.		
5.		
6.