PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 May 2002
         DOCKET NUMBER: AR2002068392


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Walter T. Morrison		Member
Mr. Christopher J. Prosser		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.

3. The applicant states that he should be awarded the Combat Infantryman Badge because he was injured while involved in conflicts with the enemy.

4. The applicant’s military records show that he was inducted on 22 November 1948, served as an armored car crewman and was honorably discharged on 26 January 1950 and transferred to the Enlisted Reserve Corps (ERC). The applicant was ordered to active duty on 20 September 1950. He served as a cook and an electrician in Korea from 27 December 1950 through 10 August 1951. He was honorably discharged from active duty on 15 September 1951 and transferred to the ERC to complete his remaining obligation.

5. The applicant’s DD Form 214, with separation date of 15 September 1951 covers his service in Korea during the Korean War. This discharge document does not show the Combat Infantryman Badge as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge.

6. The applicant’s DD Form 214 with an effective date of 15 September 1951, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214 shows the entry, “None.” There is no evidence in the applicant’s service personnel records which shows he was awarded the Purple Heart or was wounded as a result of hostile action.

7. The applicant’s DD Form 214 with a separation dated of 15 September 1951 shows that his that his military occupational specialty was “Cook.” The applicant’s WD AGO Form 24 (Service Record) show that he was assigned to the Headquarters and Headquarters Company of the 6th Quartermaster Group from 28 December 1950 through 11 August 1951.

8. A DA AGO Form 632 (Enlisted Reserve Corps Qualification and Availability Questionnaire), completed and dated “April 18-1952” in the applicant’s own hand, shows the entries in item 34 (Chronological Record of Military Service) the he served as a food service apprentice from 22 November 1948 to 26 January 1950 and as an electrician in the Headquarters Company of the 6th Quartermaster Group from 20 October 1950 to 15 September 1951.

9. The Board noted that the applicant records do not show entitlement to award of the Good Conduct Medal, the National Defense Service Medal, the United Nations Service Medal and the Republic of Korea Presidential Unit Citation.
10. The applicant’s WD AGO Form 24 shows that he was favorably considered for award of the Good Conduct Medal at the time of his separation from active duty on 15 September 1951.

11. The applicant’s records show that he served on active duty during the Korean War era from 20 September 1950 through 15 September 1951.

12. The applicant’s DD Form 214 with an effective date of 15 September 1951 shows in item 27 that he received the Korean Service Medal with three bronze service stars indicating participation in three campaigns of the Korean War. However, the applicant’s service personnel records and his DD Form 214 with a separation date of 15 September 1951 do not show award of the United Nations Service Medal.

13. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Korean conflict. This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 19 September 1950 to 31 July 1952 by Department of the Army General Orders Number 33-53.

14. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the Combat Infantryman Badge. That paragraph states that 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. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry specialty, satisfactorily performed duty while assigned or attached as a member of an infantry 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 primary duty, in a unit actively engaged in ground combat with the enemy.

15. 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 qualifying period is 3 years. However, effective 27 June 1950, the qualifying period was modified to include a period of less than 3 years but more than one year when the period for the first award ended with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

16. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

17. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

CONCLUSIONS:

1. The Board considered the applicant’s contention that he is entitled to the Combat Infantryman Badge because he was injured while involved in conflicts with the enemy.

2. There is no evidence that the applicant served in an infantry military occupational specialty or an infantry duty position in an infantry unit of regimental or smaller size in ground combat during the Korean War. Evidence of record shows the applicant was assigned to a Quartermaster Group throughout his assignment in Korea.

3. The Combat Infantryman Badge is not awarded based on wounds sustained in action, and the Board also noted that there also is no evidence that he was wounded or injured as a result of hostile action during the Korean War.

4. Based on the foregoing, the Board determined that there was insufficient evidence in this case upon which to base award of the Combat Infantryman Badge.

5. The applicant was favorably considered for award of the Good Conduct Medal at the time of his separation, but he completed only 11 months and 26 days of active service as of 15 September 1951. However, the Board determined that the applicant’s good service which included over nine months in the Korean War warranted this award. Therefore, as an exception to regulation, the applicant is entitled to award of the Good Conduct Medal for the period 20 September 1950 through 15 September 1951 and correction of his records to show this award.

6. Based on the applicant’s active duty service from 20 September 1950 through 15 September 1951, he is entitled to award of the National Defense Service Medal and correction of his records to show this award.

7. Based on award of the Korean Service Medal, the applicant is entitled to award of the United Nations Service Medal and correction of his records to shows this United Nations medal.

8. Orders show the applicant was awarded the Republic of Korea Presidential Unit Citation; therefore, he is entitled to correction of his records to show this foreign unit award.

9. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected to show on the DD Form 214 with a separation dated of 15 September 1951 of the individual concerned that he was awarded the Good Conduct Medal for the period 20 September 1950 through 15 September 1951, the National Defense Service Medal, the United Nations Service Medal and the Republic of Korea Presidential Unit Citation.

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

BOARD VOTE:

__FNE__ __CJP___ __WTM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Mr. Fred N. Eichorn____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002068392
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020502
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.