MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 July 2002
         DOCKET NUMBER: AR2002069804

         I certify that hereinafter is recorded the record of consideration 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. Raymond V. O’Connor, Jr.		Chairperson
Mr. Stanley Kelley		Member
Mr. John P. Infante		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: Award of the Combat Infantryman Badge.

APPLICANT STATES: That some of the other infantry divisions in Korea during the Korean War and later awarded the Combat Infantryman Badge to members of the rifle squads of their Reconnaissance Companies. He contends that it appears the 25th Infantry Division did not award the Combat Infantryman Badge to the infantry members of the 25th Reconnaissance Company during his service in this unit. The applicant further contends that it is “unjust” to allow one division to award the Combat Infantryman Badge to rifle squads of their Reconnaissance Companies “while the others go without.”

In support of his application, the applicant submitted copies of Morning Reports which show his assignment to the 25th Infantry Division Reconnaissance Company effective 27 November 1950 and show the unit was combat on
27, 28, 29, and 30 November 1950. He also submitted a statement from a commissioned officer, notarized on 7 January 2002, which states essentially that he and five other soldiers were assigned to the rifle squads of the 25th Reconnaissance Company and engaged in ground combat. The major who made the statement asserts that members of the 24th and 45th Reconnaissance Companies were awarded the Combat Infantryman Badge during the Korean War and he believes that he and these other soldiers should receive the Combat Infantryman Badge.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant initially served in the Hawaii Army National Guard and enlisted in the Regular Army effective 30 June 1950 for assignment in the Far East Command. A reconstructed DA Form 20 (Enlisted Qualification Record) shows that he served in Korea from 11 November 1950 to 18 September 1951 as a member of the 25th Reconnaissance Company. The applicant completed over 21 years of service and was separated from active duty on 31 July 1970 and subsequently retired.

The DD Form 214 covering the applicant’s active Federal service from 30 June 1950 through 26 April 1956 is not available in his service personnel records.

There is no evidence in the applicant’s service personnel records which shows that he was awarded the Combat Infantryman Badge.

The applicant’s service personnel records contain a 14 January 1955 request from the applicant to the Adjutant General of the Army for award of the Combat Infantryman Badge. The 7 March 1955 response from the Adjutant General of the Army essentially restates the regulatory requirement for award of the Combat Infantryman Badge and states that the applicant was assigned to the 25th Reconnaissance Company which was not an infantry unit as required by regulation. The Adjutant General concluded: “there is no authority whereby he may be awarded the Combat Infantryman Badge.”

The Morning Report of the 25th Reconnaissance Company, dated 8 December 1950, shows the applicant was assigned to that unit as an infantryman in military occupational specialty (MOS) 4745.

The Morning Reports submitted by the applicant show that the parent unit of the 25th Reconnaissance Company was the 25th Infantry Division Headquarters, not an infantry regimental headquarters, and that the “Arm or Service” of the 25th Reconnaissance Company was “Armor”, not infantry.

Army Regulation 600-8-22 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.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board considered the applicant’s contention that he was entitled to the Combat Infantryman Badge and the contention that soldiers in other reconnaissance companies had been awarded the Combat Infantryman Badge.

2. The Board noted that the applicant was assigned to the 25th Reconnaissance Company in an infantry MOS. However, the Board also noted that records in this case show the 25th Reconnaissance Company was an “Armor” unit assigned to the Headquarters of the 25th Infantry Division.

3. The Board also noted that the regulation governing award of the Combat Infantryman Badge specifically states that to be eligible for this badge a soldier must be serving in an infantry MOS, in an infantry unit of regimental or smaller size engaged in ground combat.

4. Based on the forgoing, the Board determined that the applicant did not meet the regulatory requirement for award of the Combat Infantryman Badge during his assignment to the 25th Reconnaissance Company because he was assigned to an “Armor” unit which was an element of the 25th Division Headquarters, not an infantry unit of regimental or smaller size.

5. The Board noted the contention that soldiers in other reconnaissance companies had received the Combat Infantryman Badge. This argument is not a basis for award of the Combat Infantryman Badge in this case because Army regulation precluded such awards and proper Army authority specifically determined in the applicant’s case that “there is no authority whereby he may be awarded the Combat Infantryman Badge” for his service in the 25th Reconnaissance Company

6. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy either requirement.

7. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__SK___ __RVO___ __JPI___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002069804
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020718
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY	MR CHUN
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.