| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Joann Langston | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Mr. Robert Duecaster | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Combat Infantryman Badge.
2. The applicant states that he was in Korea in the combat zone for nine months and 23 days. He contends that he is entitled to award of the Combat Infantryman Badge due to his time in combat.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); an Honorable Discharge Certificate from the U.S. Army Reserve, dated 13 July 1956; and an excerpt pertaining to the Combat Infantryman Badge.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on
5 September 1952. The application submitted in this case is dated 20 April 2003.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's military records are 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 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.
4. The applicant was inducted on 1 December 1950. He served in military occupational specialty (MOS) 4345 (light vehicle driver) in Korea and was honorably released from active duty in the rank of corporal on 5 September 1952 after completing 1 year, 9 months and 5 days of creditable service with no time lost.
5. The applicant's DD Form 214 shows the Korean Service Medal with one bronze service star, the United Nations Service Medal, and one award of the Overseas Service Bar as authorized awards.
6. There are no orders for the Combat Infantryman Badge in the available records.
7. There is no evidence the applicant received the first award of the Good Conduct Medal. There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.
8. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge. That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge. The soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
9. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.
10. 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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.
11. 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.
12. 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 AND CONCLUSIONS:
1. There are no orders for the Combat Infantryman Badge in the available records. Evidence of record shows the applicant served as a light vehicle driver during his assignment in Korea. There is no evidence of record that the applicant served in an infantry MOS, or that he served in active ground combat while an assigned member of an infantry unit in Korea. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
2. The applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 1 December 1950 through 5 September 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, the applicant's DD Form 214 should be corrected to show this award.
3. The applicant served a period of qualifying service for award of the National Defense Service Medal. Therefore, his DD Form 214 should be corrected to show this medal.
BOARD VOTE:
JL_____ LDS_____ RD______ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003090835 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003090835 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0111 |
| 2. | 107.0000 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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