PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2002075334


         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Karen Y. Fletcher		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Korean War Service Medal, the Cold War Recognition Certificate, the Combat Infantryman Badge, the National Defense Service Medal, the Army Service Ribbon, the Good Conduct Medal, the Expert Marksmanship Qualification Badge with Carbine Bar, the Expert Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Pistol Bar.

3. The applicant’s request for the issuance of awards and decorations was addressed by separate correspondence to the applicant.

4. The applicant states, in effect, that these awards were not included on his DD Form 214 due to administrative errors. In support of his application, he submits a letter of explanation, dated 17 September 2001; a copy of his DD Form 214; a map of Korea; AGO Form 0495-16 (Extract), dated 4 June 1952; a request for the Korean War Service Medal, dated 1 June 2001; an undated request for a Cold War Recognition Certificate; photographs; and a DA Form 78 (Recommendation for Promotion of Officer), dated 27 March 1953.

5. The applicant’s military records show that he was inducted in the Army of the United States on 13 June 1945. He served as a clerk typist and was honorably discharged in the rank of private first class on 17 November 1946. After a break in service, the applicant enlisted in the Army National Guard on 13 August 1947. He was called from inactive duty on 1 October 1951. He served as an intelligence staff officer in Korea from 16 February 1953 through 23 September 1953 and was released from active duty on 23 September 1953. He subsequently served in the Army National Guard and the U.S. Army Reserve. His chronological record of military service shows that he was transferred to the Retired Reserve on 10 July 1979 and he was placed on the Retired List effective 15 March 1987.

6. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Korean War Service Medal, the Cold War Recognition Certificate, the Combat Infantryman Badge, the National Defense Service Medal, the Army Service Ribbon, the Good Conduct Medal or the Expert Marksmanship Qualification Badge with Carbine Bar, the Expert Marksmanship Qualification Badge with Rifle Bar or the Expert Marksmanship Qualification Badge with Pistol Bar as authorized awards.

7. The applicant provided a copy of a letter, dated 1 June 2001, requesting award of the Korean War Service Medal from the Department of the Air Force. However, there is no evidence the Korean War Service Medal was authorized by the Department of the Air Force.


8. In support of his claim for the Cold War Recognition Certificate, the applicant also provided a copy of an undated letter requesting award of the Cold War Recognition Certificate.

9. The applicant’s service personnel records show that he served in military occupational specialty (MOS) 9301 (intelligence staff officer) during his assignment in Korea.

10. The Board notes that the applicant served a period of qualifying service for award of the National Defense Service Medal.

11. There is no evidence in the applicant’s military records which show that he served in an Active Army status on or after 1 August 1981.

12. The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation) covering his active duty enlisted service from 13 June 1945 through
17 November 1946 shows the Good Conduct Medal as an authorized award.

13. There are no orders for any subsequent awards of the Good Conduct Medal in the applicant’s service personnel records.

14. The applicant’s service personnel records contain a certificate, dated
19 August 1952, which states that he qualified expert with the carbine on 17 April 1952.

15. The applicant’s DA Form 66 (Officer Qualification Record) shows the applicant was authorized the Expert Marksmanship Qualification Badge with Rifle Bar in 1970.

16. There is no evidence in the applicant’s service personnel records which shows that he was awarded or qualified for the Expert Marksmanship Qualification Badge with Pistol Bar.

17. On the occasion of the 50th 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 award. The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services. 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 214.

18. The Board notes that the applicant has requested award of the Cold War Recognition Certificate. The award of the Cold War Recognition Certificate is not
governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Cold War Recognition, 4035 Ridge Top Road, Fairfax, Virginia 22030-7445.

19. 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.

20. 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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

21. Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.





22. 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 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 Good Conduct Medal, disqualification must be justified.

23. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.

24. Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214. The regulation in effect at the time states, in pertinent part, that item 27 (Decorations and Awards) will be completed to show the decorations awarded or authorized during the period covered by the DD Form 214.

CONCLUSIONS:

1. The Board notes the applicant’s letter requesting award of the Korean War Service Medal from the Department of the Air Force on 1 June 2001. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that the Department of the Air Force authorized award of the Korean War Service Medal. 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 214.

2. The Board considered the applicant’s request to show the Cold War Recognition Certificate on his DD Form 214. However, the award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.

3. The Board also noted that the applicant’s undated request for award of the Cold War Recognition Certificate which was provided with his application was sent to the wrong address. The correct address is: Cold War Recognition, 4035 Ridge Top Road, Fairfax, Virginia 22030-7445.




4. Evidence of record shows the applicant served in MOS 9301 (intelligence staff officer) during his assignment in Korea. There is no evidence of record which shows that the applicant served in an infantry MOS, or served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size in Korea. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

5. Based on the applicant’s honorable service from 1 October 1951 through
23 September 1953, he is entitled to award of the National Defense Service Medal. Therefore, his records should be corrected to show this medal.

6. Evidence of record shows all of the applicant’s service in an active status occurred prior to 10 July 1979. Evidence of record also shows that he did not serve in an active status after 1 August 1981. Therefore, the applicant did not qualify for retroactive award of the Army Service Ribbon because he did not serve in an active status after 1 August 1981 as required by the regulation governing award of the Army Service Ribbon. As a result, the Board determined that he was not eligible for award of the Army Service Ribbon in this case.

7. The applicant received the first award of the Good Conduct Medal for his enlisted active duty service during the period 13 June 1945 through
17 November 1946. This award is properly shown on his WD AGO Form 53-55. There is no evidence in the applicant’s service personnel records which shows that he subsequently served on active duty in an enlisted status. Therefore, the Board determined that there is no evidence on which to base a second award of the Good Conduct Medal in this case.

8. Evidence of record shows that the applicant qualified expert with the carbine on 17 April 1952. Therefore, he is entitled to correction of his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Carbine Bar.

9. The applicant’s DA Form 66 (Officer Qualification Record) shows the applicant was authorized the Expert Marksmanship Qualification Badge with Rifle Bar in 1970. However, only decorations authorized during the period covered by the DD Form 214 will be shown on the DD Form 214.

10. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he qualified expert with the pistol. Therefore, the Board determined that there is insufficient evidence on which to base award of the Expert Marksmanship Qualification Badge with Pistol Bar.

11. 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 by showing that the individual concerned was awarded the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Carbine Bar.

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

BOARD VOTE:

RVO____ RJW____ KYF____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075334
SUFFIX
RECON
DATE BOARDED	20020926
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.