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Decision Text

ARMY | BCMR | CY2003 | 2003084577C070212
Original file (2003084577C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 November 2003
         DOCKET NUMBER: AR2003084577


         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. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Mr. Ronald E. Blakely Member
Ms. Eloise C. Prendergast 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 award of the Combat Infantryman Badge (CIB).

3. The applicant states that he previously applied for the CIB due to his service in Korea and that his DD Form 214 (Report of Separation from Active Duty) should be corrected to show the CIB in order to obtain veterans benefits.
He also states that his letter from a Member of Congress indicated that he was awarded the CIB; however, there was no official documentation. Without official documentation, he is unable to establish his combat service with the Veterans Administration (VA). In support of his application, he submits a copy of his DD Form 214 and a letter from a Member of Congress.

4. 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 he entered active duty on 1 July 1949, as a rifleman (4745). He served in Japan from May to September 1950 and in Korea from 25 September 1950 to 31 August 1951. He continued to serve until he was dishonorably discharged on 6 December 1951.

5. The applicant’s DD Form 214 shows he was awarded the Purple Heart, the Army of Occupation Medal with Japan Clasp, the Korean Service Medal with four bronze service stars, and the Distinguished Unit Citation. His discharge document does not show the CIB as an authorized award.

6. The applicant's records contain a copy of a memorandum dated 11 October 1956, that states he was assigned to Company B, 9th Infantry Regiment, 2nd Infantry Division from February 1951 until discharged and list the CIB as one of his awards. There are no orders in the applicant’s personnel records which show that he was awarded the CIB.

7. On 6 January 2003, a Member of Congress notified the applicant that he was awarded the CIB.

8. War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen. The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy. The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy. War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to
infantrymen serving with infantry units of brigade, regimental or smaller size.





9. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 9th Infantry Regiment, 2nd Infantry Division was cited for award of the Korean Presidential Unit Citation for the period 16 September 1950 to 26 October 1953 by Department of the Army General Orders 10, 1954.

10. 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.

11. 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, and 2 August 1990 through 30 November 1995.

12. Review of the available records does not reveal that he was recommended for or entitled to any other awards or decorations.

13. 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.

14. 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 evidence of record shows that the applicant served as a rifleman (4745) in an infantry unit in combat while serving in Korea. Therefore, he is entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

2. The applicant was awarded the Korean Presidential Unit Citation; therefore, he is entitled to correction of his records to show this award.

3. The evidence of record shows that he is entitled to the United Nations Medal based on award of the Korean Service Medal. Therefore, he is entitled to correction of his records to show this award.

4. The evidence of record shows that the applicant served a period of qualifying service for award of the National Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge, the Korean Presidential Unit Citation, the United Nations Medal based on award of the Korean Service Medal, and the National Defense Service Medal.

BOARD VOTE:

__ao___ ___rb___ ___ep___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Arthur A. Omartian__
                  CHAIRPERSON



INDEX

CASE ID AR2003084577
SUFFIX
RECON
DATE BOARDED 20031113
TYPE OF DISCHARGE DD/GD
DATE OF DISCHARGE 19520403
DISCHARGE AUTHORITY AR 615-364
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 1021/157
2.
3.
4.
5.
6.

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