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ARMY | BCMR | CY2004 | 20040007099C070208
Original file (20040007099C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 MAY 2005
      DOCKET NUMBER:  AR20040007099


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request for award
of the Combat Infantryman Badge.

2.  In a letter to a Member of Congress (MC) the applicant states his
request was not fully investigated in that they (the Army Board for
Correction of Military Records) only looked at item 5 of his DD Form 214
(Report of Separation) which shows that he was a supply handler.  They did
not look at item 28 which shows that he was an infantryman, and that he
received a medal from President Rhee (item 27).  He was on the front lines,
seriously infected, and was sent to the     47th MASH (Mobile Army Surgical
Hospital) for treatment for over 60 days.  He was reassigned to a food
supply outfit due to the nature of his injuries; consequently, his last
listed duties were as a supply clerk.

3.  The applicant provides a copy of the 29 January 2004 Board proceedings,
copies of his DD Forms 214, copies of documents which indicated his mail
was forwarded to the 47th MASH, a copy of a 1953 order showing he was
assigned to the 160th Infantry Regiment, and an undated list of personnel
assigned to the 160th Infantry Regiment, apparently part of an order,
showing the applicant’s name and MOS (military occupational specialty) as
1745 (infantry).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003093132, on 29 January 2004.

2.  The applicant’s DD Form 214 shows that his most significant duty
assignment was with Company K, 160th Infantry Regiment.  That form also
shows that when he was discharged on 14 December 1955 his specialty was
that of a supply handler.

3.  The 1953 letter order he submits with his request shows that he was
assigned to the 160th Infantry Regiment.  The undated list of personnel
assigned to the 160th Infantry Regiment shows that at that time he was an
infantryman with the 160th Infantry Regiment.

4.  The Republic of Korea Presidential Unit Citation is a unit award
awarded by the Korean government.  The Unit Citation and Campaign
Participation Credit Register shows that the 160th Infantry Regiment was
awarded the Republic of Korea Presidential Unit Citation for its actions
during the Korean War.  That register also shows that numerous other units,
infantry and non-infantry, were awarded that citation.

5.  The Combat Infantryman Badge is awarded to an infantryman
satisfactorily performing infantry duties, while assigned or attached as a
member of an infantry unit of brigade, regimental, or smaller size during
any period such unit was engaged in active ground combat.

6.  Army Regulation 15-185 prescribes the policies and procedures for
correction of military records by the Secretary of the Army, acting through
the Army Board for Correction of Military Records, and states in pertinent
part that the ABCMR will decide cases on the evidence of record.  It is not
an investigative body.

 DISCUSSION AND CONCLUSIONS:

1.  The applicant was an infantryman with the 160th Infantry Regiment.  His
      DD Form 214 clearly shows that his most significant duties were with
the 160th.
The evidence, however, does not show that he was in combat with the 160th
Infantry Regiment, and the applicant has not submitted any such evidence.

2.  The Republic of Korea Presidential Unit Citation, a foreign unit award,
does not necessarily denote participation in combat, but is awarded by the
Korean government to a unit for its actions or deeds during the Korean War.


3.  While the Board has no reason to doubt the applicant’s statements, he
has provided no evidence to support his entitlement to award of the Combat
Infantryman Badge.  There are insufficient grounds for the Board to award
the applicant the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JS____  ___RD__  ___CD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR2003093132, dated 29 January 2004.




                                  _______John Slone________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007099                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050517                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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