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ARMY | BCMR | CY2002 | 2002080864C070215
Original file (2002080864C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 3 April 2003
         DOCKET NUMBER: AR2002080864

         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
Ms. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Roger W. Able Member
Mr. Patrick H. McGann 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)


APPLICANT REQUESTS: Award of the Combat Infantryman Badge.

APPLICANT STATES: That he served in the "DMZ" [demilitarized zone] with the 215th Headquarters, 2nd Infantry Division in Korea 1970. In support of his application, he submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), his DA Form 20 (Enlisted Qualification Record) and his Standard Form 600 (Chronological Record of Medical Care).

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

The applicant enlisted in the Regular Army on 30 July 1969 for a period of three years. He successfully completed basic and advanced individual training and served in Korea from 22 December 1969 through 21 January 1971. The applicant was discharged from active duty on 23 February 1971.

The applicant's DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

There are no orders which show the applicant was awarded the Combat Infantryman Badge.

Item 22 (Military Occupational Specialties) on the applicant's DA Form 20 shows he was awarded the secondary military occupational specialty (SMOS) 64A (light vehicle driver) on 7 November 1969. His DA Form 20 also shows that he was awarded the primary military occupational specialty (PMOS) 13A (field artillery basic) on 30 January 1970.

The applicant's DA Form 20 shows he served as a light truck driver in MOS 64A and was assigned to the 5th Battalion, 38th Artillery during his assignment in Korea.

There is no evidence of record available to the Board which shows the applicant was awarded an infantry MOS or that he served with an infantry unit while in Korea. His service personnel records do not show that he received hostile fire pay records.

Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6k provides special provisions for soldiers who served in Korea subsequent to 4 January 1969. Soldiers must have served in the hostile fire area at least 60 days and be authorized hostile fire pay. The individuals must have been assigned to an infantry unit of company or smaller size and must have been an infantry officer in the grade of captain or lower or in the case of warrant officers and enlisted men must have had an infantry military occupational specialty. The soldier must have been engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times. The soldier must be recommended personally by each commander in the chain of command and approved at the division level. There are no provisions for retroactive award of the Combat Infantryman Badge for Korean veterans.

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 served in the "DMZ" in Korea with 215th Headquarters, 2nd Infantry Division in 1970.

2. There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge. The applicant was not awarded an infantry MOS. He did not serve in an infantry position in combat during his assignment in Korea. Therefore, there is no basis for award of the Combat Infantryman Badge in this case.

3. 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 this requirement.

4. 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

SAC____ RWA___ PHM____ DENY APPLICATION



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




INDEX

CASE ID AR2002080864
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030403
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY 107.0111
ISSUES 1.
2.
3.
4.
5.
6.


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