PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 September 2003
         DOCKET NUMBER: AR2003089169

         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Shirley L. Powell		Chairperson
Mr. Walter T. Morrison		Member
Mr. Thomas A. Pagan		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, in effect, that he be awarded the Combat Infantryman Badge (CIB).

3. The applicant states, in effect, while serving as member of the 24^th Infantry Division Band in Japan, he along with the other members of the band were sent to participate in the combat defense of Korea. He states that members of the band were assigned with the Division headquarters company and were responsible for the security of headquarters personnel. He outlines specific duties he performed while serving in this combat capacity with the 24^th Infantry Division in Korea. In support of his application, he provides a supporting letter from another member of the band who recounts his combat experiences in Korea, which mirror the applicant’s recollections.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

5. The separation document (DD Form 214) issued to the applicant on the date of his release from active duty (REFRAD) shows that he entered active duty on 16 November 1948, and that he continuously served on active duty until being honorably separated on 23 November 1951. At the time of his discharge, he had completed a total of 2 years, 2 months, and 11 days of active military service.

6. The applicant’s DD Form 214 also shows that he was promoted to the rank of sergeant on 4 June 1951, and that he held that rank on the date of his separation. It also confirms that he served in military occupational specialty (MOS) 0175 (Musician), and that he served overseas for 2 years, 2 months, and 11 days. This document also indicates that the applicant earned the Korean Service Medal (KSM) with 1 silver service star, the Distinguished Unit Citation (DUC), and Republic of Korea DUC. It also confirms that his most significant unit of assignment was the 24^th Infantry Division Band.

7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-10 contains guidance on award of the National Defense Service Medal. It states, in pertinent part,
that it was awarded for honorable active service for any period between 27 June 1950 and 27 July 1954, both dates inclusive.

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8. Chapter 4 of the awards regulation contains the policy for award of the AGCM. It states, in pertinent part, that it is authorized for each 3 years of qualifying honorable service completed on or after 27 August 1940. While there is no automatic entitlement to the AGCM, disqualification must be justified.

9. Paragraph 8-6 of the awards regulation contains the criteria for awarding the CIB. It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must hold an infantry MOS and be satisfactorily performing infantry duties; must be assigned to an infantry unit of brigade or smaller size during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.

10. Paragraph 9-12 contains guidance on award of United Nations Service Medal. It states, in pertinent part, that this award is authorized for members who served in Korea during the period between 27 June 1950 and 27 July 1954, and that members who were awarded the Korean Service Medal automatically establish eligibility for the United Nations Service Medal..

11. Department of the Army Pamphlet 672-1 (Unit Campaign Participation Credit Register-Korea) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during World War II. It confirms that during his tenure of assignment, the applicant’s unit (24^th Infantry Division Band) was awarded the Republic of Korea Presidential Unit Citation.

12. As a matter of information, on the occasion of the 50^th 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.

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CONCLUSIONS:

1. The Board carefully considered the applicant’s claim of entitlement to the CIB. However, although the evidence confirms he served in and participated in combat action in Korea, it also verifies that his MOS was 0175 (Musician). Given the applicant was not serving in an infantry MOS, the Board concludes that the regulatory criteria necessary to support the award of the CIB had not been satisfied in this case. As a result, it concludes there is an insufficient evidentiary basis to support award of the CIB at this time.

2. Lacking evidence of any disqualification from any of his active duty unit commanders that would prohibit his receiving the award, the Board finds the applicant completed a qualifying period of active service from 16 November 1948 through 15 November 1951 that entitles him to receive the AGCM. Thus, the Board concludes it would be appropriate to award it to him at this time.

3. During its review of this case, the Board also determined that the applicant served a qualifying period of active duty service that entitles him to the National Defense Service Medal. Further, his service in Korea entitles him to the United Nations Service Medal and Republic of Korea Presidential Unit Citation. Thus, the Board concludes it would also be appropriate to add these awards to his record at this time.

4. The applicant is advised that to apply for the Korean War Service Medal, he should submit a copy of his 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 provided. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to this Board to add this foreign award to his DD Form 214.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the applicant the Army Good Conduct Medal, for his honorable period of qualifying service from 16 November 1948 through
15 November 1951; by showing he is entitled to the National Defense Service Medal, United Nations Service Medal, and Republic of Korea Presidential Unit Citation; and by providing him a corrected separation document that includes these awards.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

WTM___ __TAP__ __SLP _ GRANT AS STATED IN RECOMMENDATION

________ ________ _____ GRANT FORMAL HEARING

________ ________ _____ DENY APPLICATION




                  Shirley L. Powell
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089189
SUFFIX
RECON
DATE BOARDED	2003/09/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1951/11/23
DISCHARGE AUTHORITY	AR 615-360
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 157	107.0111
3.
4.
5.
6.