PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 14 AUGUST 2001
         DOCKET NUMBER: AR2001052630


         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Ronald E. Blakely		Member
Mr. Joe R. Schroeder		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)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests award of the Combat Infantryman Badge (CIB), and that his MOS (Military Occupational Specialty) on his DD Form 214 be changed from that of a supply clerk, MOS 3835, to that of an infantryman, MOS 4745.

3. The applicant relates his community activities and states that he has been trying since 1980 to obtain the CIB. He states that he was an infantryman during the Korean War, and not a supply clerk as annotated on his DD Form 214. He states that although he was trained as a supply clerk, he became a rifleman with the 1^st Infantry Division in Germany, and an automatic rifleman with the 3d Infantry Division in Korea. He states that he was separated at an induction center, Fort Devens, Massachusetts, instead of the Fort Dix, New Jersey separation center, causing delay and confusion, and he was retained beyond his separation date for 20 days until administrative matters concerning his separation were resolved. He believes that was when the improper MOS was placed on his DD Form 214. He provides copies of Korean War era and present day era newspaper articles about the Korean War, some of which are authored by the applicant, in which he writes about the war and his involvement therein.

4. The applicant provides a five page letter describing his combat experiences with the 3d Infantry Division in Korea in late 1950 and in 1951.

5. The applicant’s military records show that he entered on active duty on 19 November 1948 and trained as a Supply Clerk, MOS 3835 from February to April 1949. He attained the rank of Corporal. He was discharged at Fort Devens on 7 September 1951. He had 2 years, 9 months, and 20 days of service, of which 2 years, 1 month, and 16 days were overseas. The applicant was awarded the Army of Occupation Medal for both Germany and Japan, and the Korean Service Medal with three bronze service stars. His branch as noted on his DD Form 214 was Infantry. His specialty number was 3835 (supply clerk). A copy of a 24 June 1951 3d Infantry Division assignment order shows that the applicant was being transferred to the United States for separation processing. His unit is shown as Headquarters Company, 3d Infantry Division. His MOS is shown as 4745 (Infantryman). A 3d Infantry Division certificate shows that the applicant served 8 months in Korea with the Defensive Platoon, 3d Infantry Division. That certificate shows his MOS as 4745.
6. Headquarters and Headquarters Company of the 3d Infantry Division participated in eight campaigns during the Korean War, the first being the CCF Intervention (3 November 1950 to 24 January 1951), and the third campaign, the CCF Spring offensive (22 April to 8 July 1951), the period during which the applicant was being transferred. It was awarded the Bravery Gold Medal of Greece for its actions during the duration of the war, and the Republic of Korea Presidential Unit Citation for its actions for the period 18 April to 11 May 1951.

7. Army Regulation 600-8-22 provides for award of the CIB and states that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. Awards will not be made to general officers nor to members of headquarters companies of units larger in size than brigade.

8. That regulation also states that the National Defense Service Medal is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

9. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity
during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the
termination of a period of Federal military service.

10. The United Nations Service Medal is awarded to members of the Armed Forces for service on behalf of the United Nations in the action in Korea. Personnel awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal.

CONCLUSIONS:

1. The applicant served in three campaigns during the Korean War, beginning with the CCF Intervention campaign. A 3d Infantry Division order shows that he was being reassigned to the United States during the end of June 1951, during the CCF Spring offensive, the third campaign in which his unit participated. That order shows that he was an infantryman, assigned to Headquarters Company.

2. It cannot be ascertained, although it is highly probable that the applicant served with Headquarters Company of the 3d Infantry Division during his entire tour in Korea, and that unit, and consequently the applicant, was heavily engaged in combat, as reflected by the information he has provided. Information obtained from the Center of Military History shows that the 3d Infantry Division was inserted into the Wonson area in North Korea from 7-15 November 1950, during the Chinese intervention and was involved in the fighting on the eastern portion of Korea, to include the retreat to and evacuation from, the port of Hungnam. The preponderance of evidence indicates that the applicant was a infantryman.

3. Nonetheless, the applicant was assigned to the Headquarters Company of the 3d Infantry Division, making him ineligible for award of the CIB. Consequently, he is not entitled to that award.

4. The applicant is entitled to award of the Bravery Gold Medal of Greece, and the Republic of Korea Presidential Unit Citation. He is also entitled to award of the United Nations Service Medal and the National Defense Service Medal.

5. The applicant served his country faithfully and honorably as reflected in his DD Form 214. He is entitled to award of the Good Conduct Medal.

6. The applicant was an infantryman, MOS 4745 when he left Korea in the latter part of June 1951. In all probability, he was an infantryman at the time of his discharge. Consequently, his DD Form 214 should be changed to show his MOS as 4745 in item 5 of his DD Form 214 instead of MOS 3835. The item showing the related civilian occupation as a Stock Clerk and the D.O.T. number should be deleted.

7. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by:

a. showing that the individual concerned was awarded the Good Conduct Medal, the Bravery Gold Medal of Greece, the Republic of Korea Presidential Unit Citation, the United Nations Service Medal, and the National Defense Service Medal; and

b. correcting item 5 of his DD Form 214 to show his MOS as 4745, and by deleting the information showing the related civilian occupation and D.O.T. number as a stock clerk.

2. That so much of the application as in excess of the foregoing be denied.

BOARD VOTE:

__WTM__ __REB__ __JRS __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Walter T. Morrison
                  CHAIRPERSON

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INDEX

CASE ID	AR2001052630
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010814
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	100.00
2.	107.00
3.
4.
5.
6.