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ARMY | BCMR | CY2002 | 2002083183C070215
Original file (2002083183C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 3 June 2003
         DOCKET NUMBER: AR2002083183

         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
Mr. Richard P. Nelson Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Ms. Jennifer L. Pratt Member
Mr. Paul M. Smith 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 as a result of combat service in Korea.

APPLICANT STATES: Though he was trained and sent to Korea as a bandsman, he was sent to the 25th Infantry Indoctrination Center for three days of bayonet, hand grenade and M-1 Rifle sight training. He further states that he is entitled to award of the Combat Infantryman Badge as a result of service on the front lines with K Company, 35th Regiment and also with the 25th Infantry.

The applicant has provided an uncertified compilation of entries that he claims were extracted from his DA Form 201 (Military Personnel Records Jacket) in support of his request. He has also provided what appears to be a history, extracted from the World Wide Web, of the movements of the 25th Division, the 2d Infantry Division, the 40th Infantry Division, and the 1st Marine Division, during the years 1951 through 1953 on the Korean peninsula.

EVIDENCE OF RECORD: The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he enlisted in the Army on 1 October 1952. He trained as a bandsman, served three years on active duty, 16 months of which were in overseas assignments, and was honorably discharged in the grade of Specialist 2d Class.

Korean service is reflected in the applicant’s DD Form 214 (Report of Separation From The Armed Forces of The United States), which shows award of the Korean Service Medal w/1 Bronze Service Star, the Republic of Korea Presidential Unit Citation, the National Defense Service Medal, and the United Nations Service Medal

The applicant’s DD Form 214, which was authenticated in his own hand, does not show award of the Combat Infantryman Badge in item 27. There is also no evidence in his records which shows that he was assigned to an infantry unit while that unit was engaged in active ground combat. There is no evidence to show that he was ever trained as an infantryman, or that he was ever awarded an infantry MOS. There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge and the applicant did not provide a copy of orders or a certificate in support of his claim for this badge.

The 201 file extract provided by the applicant shows he was assigned to the 25th Division on 15 May 1953. On 24 June 1953, he was assigned to the 25th Division Band.

Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

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 US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

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.

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 request for award of the Combat Infantryman Badge and the documents submitted in support of his request.

2. There are no orders in the applicant’s service personnel records which show that he was awarded the Combat Infantryman Badge. There is no evidence to show that he was ever trained as an infantryman, or that he was ever awarded an infantry MOS and there is no evidence that the applicant was assigned to an infantry unit of brigade, regimental, or smaller size when the unit was engaged in active ground combat.

3. The evidence the applicant provides shows a lapse of 34 days between his assignment to the 25th Division and the 25th Division Band. There is no evidence to show that he was assigned to infantry duty during that period.

4. 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.

5. 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

___JL___ ___JLP__ __PMS__ DENY APPLICATION



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



INDEX

CASE ID AR2002083183
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030603
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY 1124
ISSUES 1. 107.0111.0000
2.
3.
4.
5.
6.


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