PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 1 July 2003
         DOCKET NUMBER: AR203084726


         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Ted S. Kanamine		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Karen Y. Fletcher		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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to add the Combat Infantryman Badge (CIB) and to show he completed his high school GED (general education development). The applicant might also be requesting that the Combat Action Ribbon be added to his DD Form 214.

3. The applicant states that a Veterans of Foreign Wars (VFW) information sheet shows he is eligible for the CIB for his service in Korea. He received the CIB on 18 January 2003 from the National Personnel Records Center. He provides the VFW information sheet (which indicates the CIB is authorized for service on the Korean Peninsula for 30 consecutive or 60 nonconsecutive days from 30 June 1949 to a date indeterminate) and his U. S. Armed Forces Institute GED results as supporting evidence.

4. The applicant’s military records show that he enlisted in the Regular Army on 13 January 1964. He was honorably discharged on 27 June 1965 for the purpose of immediately reenlisting on 28 June 1965.

5. In February 1966, the applicant was awarded his high school GED.

6. On 13 June 1966, the applicant was awarded primary military occupational specialty (MOS) 11B (Light Weapons Infantryman).

7. The applicant's DA Form 20 (Enlisted Qualification Record) shows that on or about 30 January 1967 he was assigned to Company C, 1st Battalion, 17th Infantry, 7th Infantry Division, Korea as an 11B40 Team Leader. He was reassigned to Company A of that battalion on 21 February 1968 as an 11B Team Leader.

8. The applicant's DA Form 20 shows that he was reassigned to Battery C, 4th Battalion, 76th Artillery, 7th Infantry Division, Korea on 12 October 1968 as a 94B20 Cook. On 11 November 1968, his principal duty was changed to 13B40 Assistant Gunner.

9. On 8 January 1969, the applicant departed Korea.

10. On 29 August 1969, the applicant has released from active duty. His DD Form 214 shows he was awarded the Armed Forces Expeditionary Medal and the Expert Qualification Badge with Rifle bar. Item 30 (Remarks) of his DD Form 214 shows he completed 1 year of high school.

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11. Army Regulation 600-8-22 (Military Awards) provides for the award of the CIB to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. It was authorized to qualified soldiers who served during the Korean Conflict between 27 June 1950 to 27 July 1953.

12. Special provisions for award of the CIB exist 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 MOS. 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.

13. Army Regulation 600-8-2 provides for award of the National Defense Service Medal for honorable active service for one of four periods, including between 1 January 1961 and 24 August 1974.

14. Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969. It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat. The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia (1 March 1961 and ending with Operation Desert Storm in 1991).

CONCLUSIONS:

1. The applicant has provided sufficient evidence to show he completed his high school GED in 1966. Item 30 of his DD Form 214 for the period ending 29 August 1969 should be amended to delete the entry showing he completed 1 year of high school and an entry added to show he completed his high school GED.

2. The VFW information sheet provided by the applicant contains erroneous information concerning award of the CIB.

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3. The CIB was/is authorized for soldiers serving in Korea only under two special sets of circumstances. The first time was for qualified soldiers who served during the Korean Conflict between 27 June 1950 to 27 July 1953. The second set of circumstances, and the set which it appears the applicant believes he is qualified, had very limited eligibility criteria.

4. The CIB was awarded to qualified soldiers for service 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. An enlisted soldier must have been assigned to an infantry unit of company or smaller size and must have held an infantry MOS. 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 have been recommended personally by each commander in the chain of command and approved at the division level.

5. The applicant departed Korea on 8 January 1969. Although he held an infantry MOS, he had been assigned to an artillery unit and performed duties as an artillery assistant gunner since 11 November 1968. There is no evidence to show he met either of the other two required criteria. Therefore, despite the information contained in the VFW information sheet and the fact the National Personnel Records Center may have issued the CIB to the applicant, there is insufficient evidence to show he met the eligibility criteria to be awarded the CIB. The Board therefore concludes that it would not be appropriate to add it to his DD Form 214.

6. The Combat Action Ribbon is not an authorized Army award; therefore, it would not be appropriate to award it to the applicant or to add it to his DD Form 214.

7. The applicant met the eligibility criteria for award of the National Defense Service Medal. This award should be added to his DD Form 214.

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

RECOMMENDATION:

1. That the applicant's DD Form 214 for the period ending 29 August 1969 be amended to delete the entry showing he completed 1 year of high school, to add an entry showing he completed his high school GED, and to add the National Defense Service Medal.

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

BOARD VOTE:

__tsk___ _mhm __kyf____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Ted S. Kanamine____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003084726
SUFFIX
RECON
DATE BOARDED	20030701
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	100.00
2.	107.0111
3.
4.
5.
6.