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ARMY | BCMR | CY2002 | 2002083176C070215
Original file (2002083176C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 May 2003
         DOCKET NUMBER: AR2002083176


         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. Melvin H. Meyer Chairperson
Ms. Deborah S. Jacobs Member
Mr. Jose A. Martinez 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.


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 Combat Infantryman Badge.

3. The applicant states, in effect, that he was in combat from September 1952 to December 1952 in Korea and that he received the Combat Infantryman Badge on the front lines while in combat. He also contends that he stood in line waiting for his DD Form 214 in Korea upon his discharge and a man from his company stepped in front of him and received the last Combat Infantryman Badge. Therefore, the Combat Infantryman Badge was not added to his DD Form 214.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
9 February 1951. He served as a light weapons noncommissioned officer in Korea and was honorably discharged on 3 February 1953.

5. The applicant's DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

6. There are no orders for the Combat Infantryman Badge in the available records.

7. The applicant's DD Form 214 shows his military occupational specialty (MOS) was 1812 (light weapons noncommissioned officer) and his most significant duty assignment was the 179th Infantry Regiment.

8. There is no evidence in the available records which shows the applicant served in an infantry MOS or that he served in active ground combat in Korea.

9. The available records contain an unidentified document, which was authenticated by the applicant on 2 February 1953. In item 18 (Main Military Duty Assignment) on this document shows the entry, "EMPLOYED CREW SERVED HEAVY INF. [Infantry] WEAPONS" in the duties performed section.

10. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict. This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 10 December 1951 to
31 July 1953 by Department of the Army General Orders Number 30-54. This unit citation is not shown on the applicant's DD Form 214.

11. Army Regulation 600-8-22 (Military Awards) 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 or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989. Retroactive awards for special forces personnel are not authorized. A 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.

12. As a matter of information, 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 service award to eligible U.S. veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

13. 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.

CONCLUSIONS:

1. The Board considered the applicant's contention that he received the Combat Infantryman Badge while in combat in Korea. However, the applicant has provided no evidence to support this contention.

2. There are no orders for the Combat Infantryman Badge in the available records.

3. There is no evidence that the applicant served in an infantry MOS or that he served in combat during his assignment in Korea.
4. Based on the foregoing, the Board determined that there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
5. The applicant's unit was cited for award of the Republic of Korea Presidential Unit Citation while he was assigned to it. Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

6. 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 Republic of Korea Presidential Unit Citation.

2. That so much of the application as pertains to the Combat Infantryman Badge be denied.

BOARD VOTE:

MHM___ DSJ____ JAM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Melvin H. Meyer______
                  CHAIRPERSON




INDEX

CASE ID AR2002083176
SUFFIX
RECON
DATE BOARDED 20030520
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0111
2. 107.0000
3.
4.
5.
6.


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