IN THE CASE OF: BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150016128 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150016128 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 adding the following awards to his DD Form 214 for the period ending 4 April 1955: * World War II Victory Medal * Republic of Korea Presidential Unit Citation * Republic of Korea 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 adding to his DD Form 214 for the period ending 4 April 1955 the Combat Infantryman Badge, "Battle of Outpost Harry Medal," Army Good Conduct Medal, Asiatic-Pacific Campaign Medal, American Defense Service Medal, Army of Occupation Medal with Japan Clasp, United Nations Service Medal, Korean Service Medal, and Army Commendation Medal. _____________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. IN THE CASE OF: BOARD DATE: 31 January 2017 DOCKET NUMBER: AR20150016128 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) for the period ending 4 April 1955 to show award of the: * Combat Infantryman Badge * "Battle of Outpost Harry Medal" * Army Good Conduct Medal * Asiatic-Pacific Campaign Ribbon (currently known as the Asiatic-Pacific Campaign Medal) * American Defense Service Ribbon (currently known as the American Defense Service Medal) * Army of Occupation Medal with Japan Clasp * "Nations Defense Medal" (presumed to mean the United Nations Service Medal) * Korean Service Medal * World War II Victory Medal * "Commendation Ribbon" (presumed to mean the Army Commendation Medal) 2. The applicant states he should be issued a DD Form 215 (Correction to DD Form 214) with the correct awards and decorations. He wants his DD Form 214 for the period ending 4 April 1955 to reflect his service. 3. The applicant provides: * undated letter from his son-in-law * DD Form 214 for the period ending 4 April 1955 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 complete military records are not available 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. 3. The available records contain: a. a Master Index Card showing he enlisted on 27 November 1944 and was discharged on 24 July 1947. b. a Final Payment Roll showing: * he enlisted on 23 January 1946 * he was honorably discharged by reason of expiration term of service on 24 July 1947 4. There is no discharge document covering the period 27 November 1944 through 24 July 1947 in the available records. 5. His DD Form 214 for the period ending 4 April 1955 shows: * his branch as Infantry * he completed 5 years, 8 months, and 17 days of prior service * he reenlisted in the Regular Army on 5 September 1951 for a period of 6 years * he was honorably discharged on 4 April 1955 * he was awarded the Army Good Conduct Medal, Korean Service Medal with two bronze service stars, United Nations Service Medal, and National Defense Service Medal * his most significant duty assignment as Service Company, 65th Infantry Regiment, unit supply specialist 6. Since the Army Good Conduct Medal, Korean Service Medal with two bronze service stars, and United Nations Service Medal are shown on his DD Form 214, this portion of his request will not be discussed further in these proceedings. 7. There are no orders for the Combat Infantryman Badge or Army Commendation Medal in the available records. 8. He provided an undated letter from his son-in-law which states the applicant reported that while he was attached to Service Company, 65th Infantry Regiment, as a unit supply specialist, he was on a supply run to Outpost Harry and circumstances dictated that he remain at Outpost Harry and take part in the battle. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The American Defense Service Medal is awarded for service between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. c. The Asiatic-Pacific Campaign Medal is awarded for service in the Asiatic-Pacific theater of operations between 7 December 1941 and 2 March 1946. Qualifying service for this award includes permanent assignment in the theater, service in a passenger or a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and awarded a combat decoration or furnished a certificate by the commanding general of a corps or higher unit showing actual participation in combat. d. The World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive. e. For award of the Army of Occupation Medal with Japan Clasp, qualifying service in Japan included service in the Japanese home islands, the Ryukyu Islands, and the Bonin-Volcano Islands between 3 September 1945 and 27 April 1952. Service between 3 September 1945 and 2 March 1946 is qualifying only if the Asiatic-Pacific Campaign Medal was earned prior to 3 September 1945. f. A Soldier must meet the following three requirements for award of the Combat Infantryman Badge: (1) he must be an infantryman satisfactorily performing infantry duties, (2) he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) he must actively participate in such ground combat. The specific eligibility criteria require that an Army enlisted Soldier must have an infantry or special forces specialty and must have 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. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy. g. 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 for 30 consecutive days or on temporary duty for 30 consecutive or 60 nonconsecutive days within the territorial limits of Korea or the waters immediately adjacent thereto. h. The "Battle of Outpost Harry Medal" is not listed. 2. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in World War II and Korea. This pamphlet shows the 65th Infantry Regiment was awarded the Republic of Korea Presidential Unit Citation for the period 10-14 June 1953 by Department of the Army General Orders Number 29, dated 1954. 3. Army Regulation 635-8 (Separations Processing and Documents), currently in effect, states to list all Federally recognized awards and decorations for all periods of service on the DD Form 214. 4. Information obtained from the Internet states Outpost Harry was a remote Korean War station located on a tiny hilltop in what was commonly referred to as the Iron Triangle on the Korean Peninsula. The Battle of Outpost Harry took place from 10-18 June 1953. DISCUSSION: 1. The evidence of record shows he initially enlisted in the Regular Army on 27 November 1944 and he was discharged on 24 July 1947. He served a qualifying period for award of the World War II Victory Medal. His DD Form 214 for the period ending 4 April 1955 does not show this medal. 2. His DD Form 214 for the period ending 4 April 1955 shows his branch as Infantry and his most significant duty assignment as a unit supply specialist in Service Company, 65th Infantry Regiment. This unit was awarded the Republic of Korea Presidential Unit Citation during his period of assignment. His DD Form 214 for the period ending 4 April 1955 does not show this unit award. 3. Based on his service in Korea, he served a qualifying period for award of the Republic of Korea War Service Medal. His DD Form 214 for the period ending 4 April 1955 does not show this medal. 4. There are no orders for the Army Commendation Medal in the available records. The available evidence does not support his request for correction of his DD Form 214 for the period ending 4 April 1955 to show award of the Army Commendation Medal. 5. There is no evidence and he provided no evidence showing he served a qualifying period in a qualifying location for award of the Asiatic-Pacific Campaign Medal, American Defense Service Medal, or Army of Occupation Medal with Japan Clasp. 6. There are no orders for award of the Combat Infantryman Badge in his available records. The governing regulation states 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. There is no evidence showing he was satisfactorily performing infantry duties during such time as the unit was engaged in active ground combat and he actively participated in such ground combat. 7. The governing awards regulation does not authorize award of the "Battle of Outpost Harry Medal." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016128 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016128 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2