PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 December 2002
         DOCKET NUMBER: AR2002076001


         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. Fred N. Eichorn		Chairperson
Mr. James E. Anderholm		Member
Ms. Charmane Collins		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 item 3a (Grade, Rate or Rank) on his DD Form 214 (Report of Transfer or Discharge) to show specialist four/pay grade E-4 instead of private first class/pay grade E-3. He also requests, in effect, correction of item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Rifle Bar, the Marksmanship Qualification Badge with Machine Gun Bar, the Good Conduct Medal, the Overseas Service Ribbon, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Combat Infantryman Badge, the “Korean Commemorative”, the “US Army Commemorative”, the “Overseas Commemorative”, the “National Guard and Reserve Commemorative” and the “Cold War Era Certificate” [correctly known as the Cold War Recognition Certificate].

3. The applicant states that his DD Form 214 shows private first class/pay grade E-3 and his discharge from the U.S. Army Reserve (USAR) shows specialist four/pay grade E-4. He contends that his service record shows the Marksman Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Machine Gun Bar; however, they are not reflected on his DD Form 214. He also contends that sometime in 1962 his unit came under attack and they were told to defend their post at all cost with live ammunition and he believes this meets the criteria for the Combat Infantryman Badge. He also states that he should have been awarded the Good Conduct Medal, the Overseas Service Ribbon, the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the “Korean Commemorative”, the “US Army Commemorative”, the “Overseas Commemorative”, the “National Guard and Reserve Commemorative” and the Cold War Recognition Certificate.

4. In support of his application, he submits a letter of explanation; a copy of his DD Form 214; a DD Form 303A (Certificate in Lieu of Lost or Destroyed Discharge) issued on 21 May 1982; and two pages from his DA Form 24 (Service Record).

5. The applicant’s military records show that he was inducted on 25 July 1961. He served as a field artillery crewman in Korea from 19 December 1961 through 1 January 1963. On 24 July 1963, the applicant was honorably released from active duty and transferred to the USAR. He was honorably discharged from the USAR on 30 June 1967.

6. Item 3a (Grade, Rate or Rank) on the applicant’s DD Form 214 shows the entry, “PFC E-3 (P)” [private first class, pay grade E-3, (Permanent)].

7. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the entry, “NONE”.

8. Section 1 (Appointments, Promotions, or Reductions) on the applicant’s DA Form 24 (Service Record) shows that he was promoted to private first class (permanent) on 28 March 1963. There is no evidence in the applicant’s service personnel records which shows that he was promoted prior to his separation from active duty on 24 July 1963.

9. The applicant’s DD Form 303A (Certificate in Lieu of Lost or Destroyed Discharge) issued on 21 May 1982 shows that he was honorably discharged from the USAR on 30 June 1967 as a specialist four.

10. Section 9 (Medals, Decorations, and Citations) on the applicant’s DA Form 24 (Service Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar on 2 September 1961 and the Marksman Marksmanship Qualification Badge with Rifle Bar (caliber 30) on 21 May 1963.

11. The applicant’s service personnel records contain 3d Target Acquisition Battery, 25th Artillery, Special Orders Number 70, dated 21 May 1963, which show he qualified as a marksman with the M-1 (caliber 30) Rifle and was presented with the Marksman Marksmanship Badge with Rifle Bar.

12. The applicant’s service personnel records contain 7th Infantry Division Artillery Special Orders Number 154, dated 9 July 1962, which show the applicant fired a familiarization course for the M-60 Machine Gun. There is no evidence in the applicant’s service personnel records which shows that he qualified for award of the Marksmanship Qualification Badge with Machine Gun Bar.

13. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

14. The applicant’s service record shows that he completed an overseas tour in Korea. However, there is no evidence in his service personnel records which shows that he had an Active Army status on or after 1 August 1981, the date of eligibility for an Overseas Bar.

15. There is no evidence in the applicant’s service personnel records which shows that he served in Korea between 27 June 1950 and 27 July 1954, the dates of eligibility for award of the Korean Service Medal and the United Nations Service Medal.

16. Evidence of record shows the applicant served a period of qualifying service between 25 July 1961 through 24 July 1963 for award of the National Defense Service Medal.

17. There is no evidence in the applicant’s service personnel records which shows that he served a period of qualifying service for award of the Armed Forces Expeditionary Medal. The governing regulation for award of the Armed Forces Expeditionary Medal does not show that it was awarded for service in Korea during the period 19 December 1961 to 1 January 1963.

18. There are no orders for the Combat Infantryman Badge in the available records. The applicant’s service personnel records show that he was assigned to Headquarters Battery, 7th Infantry Division Artillery, as a field artillery crewman during his assignment in Korea.

19. Army Regulation 600-8-22 (Military Awards) does not show the “Korean Commemorative”, the “US Army Commemorative”, the “Overseas Commemorative” or the “National Guard and Reserve Commemorative” as authorized awards. Therefore, this portion of the applicant’s request will not be discussed further in these proceedings.

20. 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. Based on this information, the applicant’s request for the Cold War Recognition Certificate is not discussed any further.

21. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item 3a (Grade, Rate or Rank) will be completed to show the active duty grade or rank and pay grade at the time of separation.

22. Army Regulation 600-8-22 (Military Awards), 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.

23. 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.

24. Army Regulation 600-8-22 shows that the Overseas 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 for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981 and the overseas service is not recognized with another U.S. service medal.

25. Army Regulation 600-8-22 provides for award of the Korean Service Medal. In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

26. Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal. In Pertinent part, the regulation states that the period of eligibility for the United Nations 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.

27. 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.

28. Army Regulation 600-8-22, provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.

29. 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.

CONCLUSIONS:

1. The applicant’s DD Form 214 shows private first class in item 3a (Grade, Rate or Rank). Evidence of record shows the applicant was promoted to private first class on 28 March 1963. There is no evidence that the applicant was promoted prior to his separation from active duty on 24 July 1963. Therefore, there is no basis for amending item 3a (Grade, Rate or Rank) on the applicant’s DD Form 214.

2. Evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. Therefore, he is entitled to correction of his DD Form 214 to show this badge.

3. Records show the applicant fired a familiarization course with the M-60 Machinegun. There is no evidence, and the applicant has provided no evidence, which shows he completed a weapon qualification course which resulted in award of a Marksmanship Qualification Badge with Machine Gun Bar. Therefore, the Board determined that there is insufficient evidence on which to base award of a Marksmanship Qualification Badge with Machine Gun Bar.

4. The applicant is entitled to the first award of the Good Conduct Medal for the period 25 July 1961 through 24 July 1963 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show this award.




5. The Board considered the applicant’s contention that he is entitled to the Overseas Service Ribbon. However, there is no evidence of record which shows that he had an Active Army status on or after 1 August 1981. Therefore, there is no basis for award of this ribbon retroactively for his overseas service in Korea from December 1961 to January 1963.

6. The applicant’s contention that he is entitled to award of the Korean Service Medal and the United Nations Service Medal is not supported by the evidence of record. There is no evidence of record available to the Board which shows that the applicant served in Korea between 27 June 1950 and 27 July 1954. Therefore, there is no basis for award of these two medals.

7. The applicant served a period of qualifying service (25 July 1961 to 24 July 1963) for award of the National Defense Service Medal. Therefore, he is entitled to correction of his DD Form 214 to show this medal.

8. The Board considered the applicant’s contention that he is entitled to award of the Armed Forces Expeditionary Medal. However, the governing regulation for award of the Armed Forces Expeditionary Medal does not show that it was awarded for service in Korea during the period 19 December 1961 to 1 January 1963. Therefore, there is no basis for award of the Armed Forces Expeditionary Medal in this case.

9. The Board considered the applicant’s contention that he is entitled to award of the Combat Infantryman Badge. However, there is no evidence of record which shows that he was awarded an infantry military occupational specialty (MOS), served in an infantry MOS, or served in active ground combat. Therefore, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

10. 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 Marksman Marksmanship Qualification Badge with Rifle Bar, the first award of the Good Conduct Medal and the National Defense Service Medal.






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

BOARD VOTE:

FNE____ JEA____ CC______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Fred N. Eichorn__________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002076001
SUFFIX
RECON
DATE BOARDED	20021203
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.
3.
4.
5.
6.