RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 20 November 2003
         DOCKET NUMBER: AR2003089426


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Ms. Linda D. Simmons		Member
Mr. Robert L. Duecaster		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that he be awarded the Combat Infantryman Badge (CIB).

2. The applicant states that he served in combat during the Korean War with the 8^th Army Ranger Company from 25 August 1950 to 1 March 1951. He goes on to state that he served as the 1^st Platoon Leader under the command of the first commander of the newly formed unit and he [the applicant] recommended all of his enlisted men for award of the CIB. He further states that his commander was subsequently awarded the CIB; however, he never received the award.

3. The applicant provides a letter from the former commander, which indicates that he was the commander of the 8^th Army Ranger Company (8213^th Army Unit) from 25 August 1950 to 1 March 1951 and requests that the applicant be awarded the CIB. The applicant also provides a copy of his report of separation (DD Form 214).

CONSIDERATION OF EVIDENCE:

1. The applicant's military records are not available 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 or destroyed 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.

2. The applicant was initially inducted on 15 June 1944. He successfully completed infantry and parachute training and remained on active duty until he was honorably discharged at Fort Benning, Georgia, on 17 July 1945, to accept an appointment as a cadet at the United States Military Academy at West Point, New York.

3. On 3 June 1949, he was commissioned as a Regular Army Infantry second lieutenant and was subsequently transferred to the Far East Command (FECOM) – Japan. He was subsequently transferred to FECOM – Korea on 31 August 1950 with the 8^th Army Ranger Company. The unit arrived in Pusan, Korea, on 2 September 1950. The applicant was promoted to the rank of first lieutenant (1LT) on 8 October 1950.

4. The applicant's unit was deactivated on 28 March 1951 and the applicant was returned to the United States, where he continued to serve until his honorable discharge at Fort Benning, Georgia, on 6 October 1953. He had served 5 years, 5 months and 7 days of total service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Korean Service Medal (KSM) with two bronze service stars and the United Nations Service Medal.

5. Information obtained from the Center for Military History at web site www.army.mil/cmh-pg/default.htm reveals that General Order 237, Headquarters, Eighth Army, dated 24 August 1950, organized and officially designated the unit the 8^th Army Ranger Company. The unit was authorized three officers and 73 enlisted men. The unit was formed of volunteers in Japan and commanded by a 1LT Puckett. The unit arrived in Pusan, Korea, on 2 September 1950. On 8 October 1950, Headquarters, Eighth Army General Order 106 changed the unit designation to Eighth Army Ranger Company, 8213^th Army Unit (AU). The company's heaviest action was with Task Force Dolvin when the Chinese launched a major attack on 25 and 26 November 1950 against the task force and the Ranger Company. The commander was wounded three times and fought off six attacks before being overrun. The company strength at that time totaled 58 men and 28 became casualties in that action. The company was deactivated on 28 March 1951.

6. A review of the available records shows that the applicant participated in five campaigns during his 9 months in Korea and that he was also awarded the World War II Victory Medal and the American Campaign Medal during his prior enlisted service.

7. In July 2001, the National Personnel Records Center in St. Louis, Missouri issued a DA Form 1577 authorizing the issuance of the Good Conduct Medal (AGCM), the American Campaign Medal, the World War II (WWII) Victory Medal, the National Defense Service Medal, the Korean Service Medal (KSM) with two bronze service stars, the United Nations Service Medal and the Honorable Service Lapel Button – WWII. However, there is no indication that all of his awards were ever added to his DD Form 214.

8. Army Regulation 600-8-22 establishes the criteria for award of the CIB. It states, in pertinent part, that to be eligible for the CIB during the period in question, an individual must be an infantry officer serving in the grade of captain or lower, assigned to a unit that engaged in ground combat and must be recommended personally by the commander. Battle participation credit alone is not sufficient.

9. That regulation also provides, in pertinent part, that the Commander, Total Army Personnel Command (now known as Human Resources Command – Alexandria, Virginia) and the Commander, Total Army Reserve Personnel Command (now known as Human Resources Command – St Louis, Missouri) may award the Ranger Tab to any person who was awarded the CIB while serving during the Korean Conflict with the 8^th Army Ranger Company during the period of 11 October 1950 to 27 March 1951.

10. Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register-Korean Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Korean Conflict.

11. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that Department of the Army General Order (DAGO) 41-55 awarded the Republic of Korea Presidential Unit Citation (ROKPUC) to the applicant’s unit for the period of 19 September 1950 to 31 July 1952.

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 Korea 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.

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 with his copy of these proceedings. 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.

14. A review of the internet web site http://www.armyranger.org/001.php3 indicates that the author of the statement submitted by the applicant with his application is the Honorary Colonel of the 75^th Ranger Battalion and a member of the Ranger Hall of Fame.

DISCUSSION AND CONCLUSIONS:

1. Notwithstanding the absence of complete records, there is sufficient evidence to show that the applicant served with the 8^th Army Ranger Company, 8213^th AU, from the time it was formed on 25 August 1950 until its deactivation in March 1951.

2. The evidence also suggests that given the small size of the unit and it's involvement/participation in combat during the Korean Conflict, that it is reasonable to presume that the applicant met all of the prerequisites for award of the CIB at least as early as 25 November 1950, when the unit was overrun by the enemy.

3. The supporting statement from the first commander of the unit, who is now a retired colonel, honorary colonel of a Ranger Regiment, and a member of the Ranger Hall of Fame, lends sufficient credibility to the applicant's claim that he should have been awarded the CIB. Accordingly, it would be in the interest of justice to do so at this time.

4. Likewise, in light of his entitlement to be awarded the CIB, the evidence suggests that it would also be in the interest of justice to award him the Ranger Tab as well.

5. The evidence shows that he was awarded the WWII Victory Medal, the American Campaign Medal and the Honorable Lapel Button – WWII that were not included on his DD Form 214. Additionally, he was also authorized issuance of a AGCM for his prior enlisted service that was not included on his DD Form 214 and his unit was subsequently awarded the ROKPUC that was never added to his records. Accordingly, it would be in the interest of justice to add those awards to his records at this time.

6. The evidence further shows that he was awarded the KSM with two bronze service stars, when in fact, he participated in five campaigns and should have been awarded one silver service star in lieu of two bronze service stars for his campaign participation. Therefore, it would be in the interest of justice to correct that error at this time.

BOARD VOTE:

_jhl _____ __lds ___ ___rld___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

         a. by awarding the individual concerned the CIB and the Ranger Tab, effective 25 November 1950;

         b. by awarding him the ROKPUC and one silver service star for wear on his KSM in lieu of the two bronze service stars already held by him; and

         c. by correcting his DD Form 214 to add his awards of the CIB, Ranger Tab, AGCM, ROKPUC, WWII Victory Medal, the American Campaign Medal, the Honorable Service Lapel Button – WWII, and the KSM with one silver service star instead of the KSM with two bronze service stars as currently reflected.






                  ____Joann Langston_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089426
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/11/20
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 157	107.0111/CIB
2. 169	107.0123/RGR TAB
3.
4.
5.
6.