PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 January 2003
         DOCKET NUMBER: AR2002075273


         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Arthur A. Omartian		Member
Ms. Marla J. N. Troup		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, in effect, that he be awarded the Combat Infantryman Badge (CIB).

3. The applicant states, in effect, that he has known members who received the CIB who were never active on the line as he was with the 74^th Combat Engineers. He states that his not receiving the CIB was not an error, but he does believe it was an injustice based on his combat service. He also states that the CIB is the most rewarding recognition one can receive because of the respect attached to it and it would be unjust to deny him this award given his combat service.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire.

5. The available evidence includes the applicant’s separation document
(DD Form 214), which was issued to him upon his separation from active duty on 2 August 1952. This document confirms that he was a member of the Army National Guard (ARNG) and was ordered to active duty on 11 September 1950. It also shows that he served on active duty for 1 year, 10 months, and 22 days until being honorably separated and returned to his ARNG unit and status.

6. The applicant’s DD Form 214 also confirms that he was a member of the
501^st Airborne Medical Battalion, Camp Breckinridge, Kentucky, his branch of service was Combat Engineer, and his military occupational specialty (MOS) was 5-81.010 (Wheel Vehicle Mechanic). This document also confirms that during his active duty tenure, he served overseas for 8 months and 10 days, and he earned the United Nations Service Medal and the Korean Service Medal with 1 bronze service star. The CIB is not included in the list of awards he earned while on active duty.

7. On 6 May 1998, 19 February 2002, Director, Personnel Actions and Services, United States Army Reserve Personnel Command (ARPERSCOM), St Louis, Missouri, in a letter to the applicant, explained that in order to be awarded the CIB a member must have been assigned to an infantry unit of brigade or smaller size, he must have been assigned an infantry MOS, and he must have performed duty during a period in which his assigned infantry unit was actively engaged in ground combat. In the letter, the applicant was further advised that according to the available records, he did meet the criteria set forth that would entitle him to the CIB.

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8. Although the available evidence gives no indication that the applicant was eligible for or entitled to the CIB, in connection with the processing of this case, a member of the Board staff conducted a review of the unit historical files of the 74^th Combat Engineers that are maintained at the National Archives. This search failed to show that the applicant was ever recommended for or awarded the CIB, and it failed to provide confirmation of his entitlement to the CIB based on his service with this unit.

9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards. Paragraph 2-10 provides guidance on awarding the National Defense Service Medal and it states, in pertinent part, that it is awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive.

10. Chapter 4 prescribes the policy for award of the AGCM. It states, in pertinent part, that it is the immediate commander’s decision to award the AGCM based on his personal knowledge of the individual and on the individual’s official records. It further states that the lack of official disqualifying comment by previous commanders allows that period of service to qualify for use in awarding the AGCM. It further defines qualifying periods and states, in pertinent part, that the first award may be awarded upon a member’s termination of service for a period of service of more than 1 year.

11. Paragraph 8-6c provides specific eligibility requirements for award of the CIB and it states, in pertinent part, that a soldier must have an infantry MOS, must have satisfactorily performed duty while assigned or attached as a member of an infantry unit during any period such unit was engaged in active ground combat, and the 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. Paragraph 8-6c(3) specifically stipulates that personnel with other than an infantry MOS are not eligible to receive the CIB, regardless of the circumstances. It further indicates that Commanders are not allowed to grant exceptions to this policy.

12. 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 Korean 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.

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CONCLUSIONS:

1. The Board notes the applicant’s request to be awarded the CIB; however, it finds an insufficient evidentiary basis to support this claim. The Board notes and wishes to congratulate the applicant on his outstanding combat service in Korea and to inform him that it does not question the veracity of his claim or that he personally participated in combat with his unit. However, by regulation, personnel with other than an infantry MOS and/or who did not serve in an infantry unit are not eligible for the CIB, regardless of the circumstances.

2. In view of the regulatory criteria outlined in the preceding paragraph, the Board is compelled to deny the applicant’s request to be awarded the CIB as a matter of equity to all those members who served under similar circumstances and who never received the CIB.

3. During its review of this case, the Board did determine, based on the lack of any derogatory information on file and/or a specific disqualification from any of the unit commanders for which he served, that the applicant should be awarded the Army Good Conduct Medal based on his honorable active duty service from 11 September 1950 through 2 August 1952, and that it should be added to his record at this time.

4. In addition, the applicant’s honorable active duty service also entitles him to receive the National Defense Service Medal. Therefore, the Board concludes his records should also be corrected to show he earned this award.

5. The applicant is advised that 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 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.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned, based on his honorable active duty service, was awarded the National Defense Service Medal and the Army Good Conduct Medal for the period 11 September 1950 through 2 August 1952; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:

__RVO__ __AAO _ __MJNT__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor, Jr. _
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075273
SUFFIX
RECON
DATE BOARDED	2003/01/16
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1952/08/02
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Release to NG Unit
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.111
2.
3.
4.
5.
6.