PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 September 2002
         DOCKET NUMBER: AR2002069722


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Donald P. Hupman		Member
Mr. William D. Powers		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 correction of his military records to show that he was awarded the Combat Infantryman Badge (CIB) and all other awards he is authorized.

3. The applicant states, through counsel, that due to his inability to communicate in English, he was not able to relay his non-receipt of proper military citations to include, but not limited to the CIB.

4. In support of his request, the applicant submits medical documents and a 3^rd Infantry Division Order of Battle roster to prove that he served in Korea and was assigned to Headquarters and Headquarters Company, 65^th Infantry Regiment.

5. The applicant’s military records show that he was inducted into the Army on 28 June 1951, and was trained as an Intercept Speed Radio Operator. He served in Korea from approximately 1 February 1952 through 25 March 1953, while assigned to Headquarters and Headquarters Company, 65^th Infantry Regiment, 3^rd Infantry Division.

6. His DD Form 214 (Report of Separation From The Armed Forces of the United States), signed by the applicant, shows that he was separated on 16 April 1953. His character of service was honorable and he had completed a total of 1 year, 9 months and 19 days of creditable active service. His separation document shows no lost time. He reentered active duty on 15 May 1953 and was honorably separated on 12 April 1954.

7. The DD Form 214 reflects that he was awarded the Korean Service Medal with 2 bronze service stars, and the United Nations Service Medal. The CIB is not listed as an authorized award. The DD Form 214 for his second period of service, dated 12 April 1954, shows that he was awarded the National Defense Service Medal.

8. A DD Form 230 (Service Records) reflects that while assigned to Headquarters and Headquarters Company, 65^th Infantry Regiment, the applicant served as a radio operator.

9. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph 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 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.

10. The same regulation, provides in pertinent part, that the Army Good Conduct Medal is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service: for first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.

11. The awards regulation also provides that a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. His DD Form 230 reflects that the applicant was credited with participation in three campaigns: the Second Korean Winter; the Korean, Summer-Fall 1952; and the Third Korean Winter. Therefore, he is authorized three bronze service stars on his Korean Service Medal, instead of the two currently reflected in his records.

12. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Korean conflict. This document shows the unit to which the applicant was assigned, the 65^th Infantry Regiment, 3^rd Infantry Division, was cited for award of the Bravery Gold Medal of Greece for actions during the period of the Korean War by Department of the Army General Orders Number 2-56. This award is not shown on his DD Form 214.

13. As a matter of information, on the occasion of the 50^th anniversary of the Korean War, the Government of the Republic of Korea issued the Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.








CONCLUSIONS:

1. According to his records, the applicant did not serve as an infantryman, but did apparently serve honorably as a radio operator. Therefore, the Board has determined that he does not meet the regulatory requirement for award of the CIB.

2. In recognition of his honorable service, as evidenced by his promotion to private first class, and a record devoid of any lost time or evidence of disciplinary action, it would appear that the absence of the Army Good Conduct Medal for the period of his service from 28 June 1951 through 16 April 1953, was an oversight and he is entitled to this award.

3. In reviewing his case it was noted that he is also entitled to a 3^rd bronze service star to be worn on his Korean Service Medal and a correction of his records to show this award.

4. The applicant’s unit was cited for the Bravery Gold Medal of Greece while he was assigned to it. Therefore, the applicant is entitled to a correction of his records to show this award.

5. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his or her DD Form 214.

6. 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 Army Good Conduct Medal for the period 28 June 1951 through 16 April 1953; and

         b. showing that he was awarded the Bravery Gold Medal of Greece, and a third bronze service star to be worn on his Korean Service Medal.

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

BOARD VOTE:

___dph__ ___jns__ ___wdp__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________John N. Slone____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002069722
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020912
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 1.107.0111
2.
3.
4.
5.
6.