IN THE CASE OF: BOARD DATE: 29 October 2015 DOCKET NUMBER: AR20150003239 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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to add the Combat Infantryman Badge (CIB), Purple Heart (PH), Air Medal, and any other awards he may be authorized. 2. The applicant states: a. He would like acknowledgement on his military records to reflect his 27 flights during his active duty time in the Army and the award of the “flight medal” for his missions and hours flown over enemy territory and the 38th parallel of Korea. b. He should have been awarded the PH when he was wounded in the left ankle during his 18th flight mission on June 8th when his aircraft was hit by small arms fire. c. He requests that he be awarded the CIB. d. There were no entries made for all 27 flight missions nor was he given flight pay. e. Most of his records were destroyed in the fire that occurred at the National Personnel Record Center on 12 July 1973. f. He is now homeless, his wife has cancer, and he is just now looking into his own affairs and wants his record corrected before he passes on. 3. The applicant provides: * notary copy Certification of his flight records * a self-authored letter dated 10 August 2002 * his DD Form 214 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 Enlistment Record shows he enlisted in the National Guard on 19 June 1950 for 3 years in the rank of private (PVT)/E-2. On 1 September 1950, he was ordered to active duty in the rank of corporal (CPL). 3. His WD AGO Form 24a (Service Record) shows: * section 6 (Original Assignment and Organizations to which Subsequently Assigned During This Period of Service) – o Japan from 21 March 1951 to 27 March 1951 o Headquarters Battery, 61st Field Artillery (FA) Battalion from 28 March 1951 to 4 December 1951 o A Battery, 61st FA Battalion from 5 December 1951 to 4 February 1952 o Camp Drake, RD 8042 Army Unit from 5 February 1952 to 21 February 1952 * section 7 (Combat Record) – o First United Nations Counter Offensive in Korea from 6 March 1951 to 21 April 1951 o Chinese Communist Forces Spring Offensive from 22 April 1951 to 28 December 1951 * section 8 (Wounds Received Through Enemy Action) – Blank * section 14 (Service Outside Continental United States) – o Japan from 21 March 1951 to 24 March 1951 o Pusan, Korea from 26 March 1951 to 28 December 1951 o Japan from 3 January 1952 to 6 February 1952 * section 21 (Medals, Decorations, and Citations): o Korean Service Medal (KSM) with two bronze service stars o Army of Occupation Medal with Japan Clasp 4. His records do not contain orders awarding him the CIB, PH, or any Air Medals. 5. His reconstructed record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (AGCM) (1st Award). 6. He was honorably released from active duty on 12 April 1952. His DD Form 214 is only partially legible; however, it does show he was awarded the KSM with two bronze service stars. It does not list the CIB, the PH or any Air Medals. He completed 1 year, 7 months, and 12 days of creditable active service with no lost time. 7. The applicant provided a certified copy of flight logs from 1950 to 1953, and a self-authored letter from 2002 that states that he served in the 1st Cavalry, 61st FA Division in Korea with the aviation section and that he logged 27 missions over enemy areas. In addition, he states he has post-traumatic stress disorder (PTSD) along with major ringing of both ears for many years and that his left foot “ankle” which was shot still causes him pain. However, he provides no supporting documentation to support his claim of PTSD or a foot/ankle injury. 8. Army Regulation 600-8-22 (Military Awards) states: a. The PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. 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. c. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly, for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. d. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. e. The United Nations Service Medal (UNSM) is awarded to members of the Armed Forces of the United States dispatched to the Republic of Korea (ROK) (or adjacent areas) on behalf of the United Nations, during the period between 27 June 1950 and 27 July 1954. Personnel awarded the KSM automatically establish eligibility for the UNSM. f. The ROK 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 for 30 consecutive days or on temporary duty for 30 consecutive or 60 non-consecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. 9. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; 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. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. DISCUSSION AND CONCLUSIONS: 1. There are 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. Absent documentary evidence that conclusively shows he actively participated in ground combat as an infantryman while assigned to an infantry unit, there is no basis for awarding the CIB or correcting his record to show this badge. 2. The criteria for award of the PH are clear in that the wound for which the award is made must have been sustained as a result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment for the wound or injury sustained in action must have been made a matter of official record. 3. The applicant's records did not contain and he did not provide any medical records to show he suffered a combat wound or injury or that he was treated for a combat wound or injury. Additionally, there is no reference in his available service records to a combat injury or wound or treatment for such injury or wound. 4. The evidence of record confirms that he served in Korea during a qualifying period for award of the NDSM, ROK War Service Medal, and the UNSM. 5. There is no evidence indicating he was awarded the Air Medal and his record is void of evidence showing orders for the Air Medal were issued. 6. There are no orders available awarding the applicant the AGCM. However, the applicant served honorably during the period from 1 September 1950 to 12 April 1952. His reconstructed record is void of any derogatory information that would have disqualified him from receiving the AGCM. 7. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ _______ _________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period of 1 September 1950 through 12 April 1952; and b. adding the following awards to his DD Form 214: * NDSM * UNSM * ROK War Service Medal 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his record to show he was awarded the CIB, the PH or Air Medals. _____________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) AR20140006176 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003239 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1