Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001061251C070421
Original file (2001061251C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        


         BOARD DATE: 12 March 2002
         DOCKET NUMBER: AR2001061251


         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. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Raymond J. Wagner Member
Ms. Gail J. Wire 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.


2. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Combat Infantryman Badge (CIB).

3. The applicant states that the CIB was removed from his discharge documents.

4. The applicant’s military records show that he enlisted in the Regular Army (RA) for 3 years on 9 April 1951. On 17 September 1951, he arrived in Inchon, Korea, and was assigned to the 2nd Replacement Company, 2nd Infantry Division. On 20 September 1951, he was further assigned to Company E, 38th Infantry Regiment, 2nd Infantry Division in (MOS) 4745 (Light Weapons Infantryman).

5. On 11 October 1951, the applicant was wounded in action against a hostile force when he was hit in the neck by shrapnel. He was treated at the 3rd Station Hospital, Korea. He was awarded the Purple Heart by General Orders Number 78, Headquarters, 3rd Station Hospital, dated 14 October 1951. Following treatment for his wound, he was returned to duty.

6. On 14 December 1951, he was assigned to the 549th Quartermaster Laundry Company, APO 301. He served as a tumbler man in the laundry. On 19 June 1952, his MOS was officially changed to MOS 5103 (Dry Clean Machine Operator). On 1 November 1952, his MOS was converted to MOS 3103 (Laundry and Dry Cleaning Specialist).

7. In June 1952, the applicant returned to the United States and on 25 July 1952, he was assigned to Fort Ord, California. On 26 March 1954, he was honorably discharged with 2 years, 11 months, and 18 days of creditable active Federal service and no lost time. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214, shows that he was awarded the Purple Heart, the Republic of Korea Presidential Unit Citation, the National Defense Service Medal, the Korean Service Medal with two bronze service stars, and the United Nations Service Medal. There is no evidence to indicate that he was ever awarded the CIB.

8. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.


9. AR 600-8-22 provides for award of the Combat Infantryman Badge (CIB). It states that 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. Specific requirements state, in effect, that an Army enlisted soldier must be 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. 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.

10. AR 600-8-22 also provides that the Good Conduct Medal (GCMDL) 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. Although there is no automatic entitlement to the GCMDL, disqualification must be justified.

CONCLUSIONS:

1. The applicant served as an infantryman in Company E, 38th Infantry Regiment, 2nd Infantry Division during the Korean War. He saw action and was wounded in combat on 11 October 1951. He is entitled to have his DD Form 214 issued on 26 March 1954 corrected to show award of the CIB.

2. The applicant is also entitled to award of the GCMDL.

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


RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 27 of his DD Form 214 issued on 26 March 1954 that he was awarded of the CIB and the GCMDL.

BOARD VOTE:

__INW__ __RJW___ __GJW_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Irene N. Wheelwright_
                  CHAIRPERSON




INDEX

CASE ID AR2001061251
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020312
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19540326
DISCHARGE AUTHORITY AR615-365
DISCHARGE REASON A03.00
BOARD DECISION (GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 107.0111
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003083500C070212

    Original file (2003083500C070212.rtf) Auto-classification: Approved

    The applicant states that his record does not show that he was wounded in action or awarded the PH. This document shows the unit to which the applicant was assigned was cited for award of the Distinguished Unit Citation (DUC) for the period 16 - 22 May 1951 by Department of the Army General Order Number 72, dated 1951. 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...

  • ARMY | BCMR | CY2001 | 2001066223C070421

    Original file (2001066223C070421.rtf) Auto-classification: Approved

    The Board noted that the applicant is entitled to award of the National Defense Service Medal and the Republic of Korea Presidential Unit Citation which are not shown on his DD Form 214. Evidence available to the Board shows the applicant was authorized award of the Korean Service Medal with one bronze service star, the United Nations Service Medal, and the Combat Infantryman Badge; therefore, his DD Form 214 will be amended to show these awards. The applicant served a period of qualifying...

  • ARMY | BCMR | CY2003 | 2003084566C070212

    Original file (2003084566C070212.rtf) Auto-classification: Approved

    The applicant requests, in effect, reconsideration of his previous application to correct his military records by awarding him the Combat Infantryman Badge and the Good Conduct Medal. The applicant states, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not reflect the Combat Infantryman Badge or that he was assigned to Company C, 38th Infantry Regiment, 2nd Infantry Division. Evidence of record shows the applicant served in combat...

  • ARMY | BCMR | CY2003 | 2003091204C070212

    Original file (2003091204C070212.doc) Auto-classification: Approved

    The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in essence, that his record be corrected to show award of the Combat Infantryman Badge (CIB). 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.

  • ARMY | BCMR | CY2003 | 2003085212C070212

    Original file (2003085212C070212.rtf) Auto-classification: Approved

    He also requests correction of this DD Form 214 to show a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster), the Good Conduct Medal, the Combat Infantryman Badge, two bronze service stars to be affixed to the Korean Service Medal, the Bronze Star Medal with "V" Device, the Distinguished Unit Citation, the National Defense Service Medal, and the United Nations Service Medal. Evidence of record also shows that the applicant was wounded in...

  • ARMY | BCMR | CY2001 | 2001061054C070421

    Original file (2001061054C070421.rtf) Auto-classification: Approved

    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. The evidence of record clearly shows he was entitled to award of the GCMDL for the period 10 May 1950 to 19 July 1952, the CIB, the NDSM, the UNSM, and 2 bronze service stars to the KSM. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the GCMDL for the period 10...

  • ARMY | BCMR | CY2013 | 20130019453

    Original file (20130019453.txt) Auto-classification: Approved

    The applicant's military records are not available to the Board for review. General Orders Number 362, issued by Headquarters, 2nd Infantry Division on 27 August 1954, awarded him the Bronze Star Medal for meritorious service in connection with military operations against an enemy of the United States, during the period 30 June 1953 through 27 July 1954. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a...

  • ARMY | BCMR | CY2006 | 20060015250C071029

    Original file (20060015250C071029.doc) Auto-classification: Denied

    The applicant provides his DD Form 214 for the period ending 3 September 1952; a letter of support, dated 11 April 2004; a Headquarters, 2d Infantry Division War Diary for 29 August 1950; and two documents from his medical records. The applicant’s military records are not available to the Board for review. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by amending his DD Form 214 for the period ending 3 September 1952...

  • ARMY | BCMR | CY2002 | 2002069944C070402

    Original file (2002069944C070402.rtf) Auto-classification: Approved

    This document shows the unit, to which the applicant was assigned, the 38th Infantry Regiment, 2nd Division, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 1-5 September 1950 by Department of the Army General Orders Number 35-51. When the Korean War Service Medal is 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 unit award to his DD Form...

  • ARMY | BCMR | CY2008 | 20080010990

    Original file (20080010990.txt) Auto-classification: Approved

    The evidence shows the applicant was assigned to the 38th Infantry Regiment when he was wounded the second time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Purple Heart with First Oak Leaf Cluster for wounds received on 27 November 1950 in the Republic of Korea and the Combat Infantryman Badge. The Board further recommends that the individual’s DD Form 214 be corrected by: a. amending Item...