RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                 OCTOBER 14, 2004
      DOCKET NUMBER:         AR2004103718


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Richard Dunbar                |     |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, in effect, that he be awarded the Combat
Infantryman Badge and the Good Conduct Medal.

2.  The applicant states, in effect, that he was never a Private on
discharge.

3.  The applicant provides a copy of his DD Form 214, Report of Separation
from the Armed Forces of the United States, and an undated AGOTENN war
records summary form, in support of his request.

CONSIDERATION OF EVIDENCE:

1. The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records.

2.  The applicant enlisted in the Regular Army on 20 August 1946 and
entered service at Fort Oglethorpe, Georgia, on the same date.  The
applicant was honorably discharged, under the provisions of Army Regulation
(AR) 615-365, for the convenience of the Government, prior to the
expiration of his term of service (PETS), in the grade of Technician Fifth
Grade, on 28 January 1948.  The applicant was transferred to the Enlisted
Reserve Corps (Infantry) to complete his military service obligation.

3.  The applicant's WD AGO Form 53, Enlisted Record and Report of
Separation, Honorable Discharge, with an effective date of 28 January 1948,
shows, in Item 33 (Decorations and Citations), that he was awarded the
World War II Victory Medal.  The Combat Infantryman Badge and the Good
Conduct Medal are not shown.

4.  Item 30 (Military Occupational Specialty and No.), of the applicant's
WD AGO Form 53, shows that the applicant was a Clerk Typist, military
occupational specialty (MOS) 405, while he served on active duty.

5.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form 53, shows that the applicant was awarded the Marksman Marksmanship
Qualification Badge, with Rifle Bar [M-1 Rifle].

6.  Item 32 (Battles and Campaigns), of the applicant's WD AGO Form 53,
shows the entry, "None."

7.  Item 36 (Service Outside Continental U.S. and Return), of the
applicant's WD AGO Form 53, shows that the applicant departed the United
States on 29 November 1946 and arrived in Korea on 26 December 1946.  The
applicant departed Korea on 27 June 1947 and arrived in the United States
on 16 July 1947.

8.  The applicant remained in the Enlisted Reserve Corps during the period
29 January 1948 through 14 September 1950.

9.  The applicant reenlisted in the Regular Army on 15 September 1950 and
entered service at Fort Jackson, South Carolina.  He was honorably
discharged, under the provisions of Army Regulation (AR) 615-363-5, PETS
(Active), in the grade of Sergeant, on 19 October 1951.  The applicant was
released to the Enlisted Reserve Corps to complete his military service
obligation.

10.  Item 5 (Specialty Number and Symbol), of the DD Form 214 he was issued
on his release, shows the military occupational specialty, 1814 (Infantry
Operation Chief).

11.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he received no awards during this period of service.

12.  Item 26 (Foreign and/or Sea Service), of the applicant's DD Form 214,
shows that the applicant remained within the continental United States
during this period of his Army service.

13.  AR 600-65, then in effect, provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency, and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except that an award may be made for the
completion of one continuous year between 7 December 1941 and 2 March 1946,
both dates inclusive.  [The requirements for award of the Good Conduct
Medal remained the same, as noted in the 12 December 1951 edition of AR 600-
65.]

14.  AR 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.

15.  War Department Circular 269-1943 established the Combat Infantryman
Badge and the Expert Infantryman Badge to recognize and provide an
incentive to infantrymen.  The Expert Infantryman Badge was to be awarded
for attainment of certain proficiency standards or by satisfactory
performance of duty in action against the enemy.  The Combat Infantryman
Badge was awarded for exemplary conduct in action against the enemy.  War
Department Circular 186-1944 further provided that the Combat Infantryman
Badge was to be awarded only to infantrymen serving with infantry units of
brigade, regimental or smaller size.  Additionally, World War II holders of
the Combat Infantryman Badge received a monthly pay supplement known as
combat infantry pay and holders of the Expert Infantryman Badge were
entitled to expert infantry pay.  Therefore, soldiers had economic as well
as intangible reasons to ensure that their records were correct.  Thus, pay
records are frequently the best available source to verify entitlement to
this award.  The Awards Branch, Total Army Personnel Command, has advised
in similar cases that, during World War II, the Combat Infantryman Badge
was normally awarded only to enlisted individuals who served in the
following positions:  Light machine gunner (604), Heavy machine gunner
(605), Platoon sergeant (651), Squad leader (653), Rifleman (745),
Automatic rifleman (746), Heavy weapons NCO (812), and Gun crewman (864).
All soldiers are provided basic combat skills training after they enter the
Army.  This is provided to ensure that all soldiers have the survival
skills to perform basic infantry missions when the need arises.  No other
soldiers in combat are more exposed on a daily basis to the dangers and
hardships of war and no other branch of the service suffers more casualties
than the infantry.  To maintain the prestige, uniqueness, and traditional
value of the Combat Infantryman Badge, the criteria for award has changed
little over the years.  The opinion does note that the exigencies of combat
may require non-infantry soldiers to temporarily perform the basic infantry
duties that all soldiers are taught but it is not a basis for the award of
the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  The Combat Infantryman Badge was awarded for exemplary conduct in
action against the enemy.  The Combat Infantryman Badge was awarded only to
infantrymen serving with infantry units of brigade, regimental or smaller
size.

2.  During his first period of active duty service, the applicant served in
Korea as a clerk typist.  There is no evidence in the available records,
and the applicant provided none to show that he was assigned to an infantry
unit of brigade, regimental or smaller size and that this unit engaged in
combat against an armed enemy.  During this period of service the applicant
was ineligible for award of the Combat Infantryman Badge because he did not
possess an Infantry MOS.

3.  During his second period of active duty service, the record shows that
the applicant did not serve any overseas duty.  The applicant held an
infantry MOS but, there is no evidence in his available records that he
engaged in combat against an armed enemy as part of a unit.

4.  During both of his periods of active duty service, the applicant was
discharged prior to the completion of the required 3 years of service
established for award of the Good Conduct Medal.  The applicant served for
longer than one year in each of these periods; however, the one-year period
was served outside the period from 7 December 1941 through 2 March 1946.
He is therefore not eligible for award of the Good Conduct Medal and to
have it added to his WD AGO Form 53 or to his DD Form 214.

5.  The applicant served on active duty during one of the qualifying period
of service for award of the National Defense Service Medal.  He is
therefore eligible to receive this award and to have it shown on his DD
Form 214.

6.  The applicant's statement that he was never discharged as a private is
supported by all available evidence.  In 1948, he was discharged in the
grade of Technician Fifth Grade; and, in 1951, he was discharged in the
grade of Sergeant.

7.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

rd____  _  fe  ______  ls ______  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that the applicant was awarded the National Defense
Service Medal by adding it to his DD Form 214.




            ___      Fred Eichorn_____
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004103718                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  157                 |107.0111                                |
|3.  102                 |107.0056                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



-----------------------
[pic]