IN THE CASE OF:	  

		BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140003824 


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 the Combat Infantryman Badge.

2.  The applicant states his DD Form 214 shows he was authorized the Republic of Korea Presidential Unit Citation which was awarded to his unit, the 5th Regimental Combat Team on 12 June 1952.

3.  The applicant does not provide any evidence. 

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 applicant's 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 applicant's 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 records show he was inducted into the Army of the United States and entered active duty on 9 July 1952. 

3.  His DD Form 230 (Service Record) shows he served in Korea with the 
5th Infantry Regiment from on or about 14 February 1953 to 14 January 1954.  

4.  His Service Record also shows Special Orders (SO) Number 60, issued by Headquarters, 5th Infantry Regiment, on 9 March 1953, awarded him the Combat Infantryman Badge. 

5.  He was honorably released from active duty on 17 April 1954.  His DD Form 214 shows he was awarded or authorized the: 

* Korean Service Medal with 2 bronze service stars
* Good Conduct Medal
* United Nations Service Medal
* National Defense Service Medal
* Republic of Korea Presidential Unit Citation 

6.  Army Regulation 600-8-22 (Military Awards) states the Republic of Korea War Service Medal 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.

7.  War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, and later Army Regulation 635-5 (Separation Documents) provide that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  

DISCUSSION AND CONCLUSIONS:

1.   SO awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge. 

2.  The applicant also meets the eligibility criteria for award of the Republic of Korea War Service Medal, and it should also be added to his DD Form 214.


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 the Combat Infantryman Badge and Republic of Korea War Service Medal to his DD Form 214. 



      _______ _   _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)                                         AR20140003824



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ABCMR Record of Proceedings (cont)                                         AR20140003824



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