RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          25 August 2005
      DOCKET NUMBER:  AR20050000006


      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. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 that he be awarded the Combat Infantryman Badge
(CIB).

2.  The applicant states that he was in numerous combat situations while
serving as a reconnaissance scout and infantryman in Korea on a quick
reaction force.  He goes on to state that he participated in fire fights,
ambushes, hunter-killer patrols, that he helped wounded soldiers and killed
North Korean soldiers.

3.  The applicant provides approximately 35 different documents and
photographs which include his claims to the Department of Veterans Affairs
(VA), photographs, and various articles from newspapers and books.

CONSIDERATION OF EVIDENCE:

1.  He was inducted in Omaha, Nebraska, on 29 September 1966 and was
transferred to Fort Carson, Colorado, to undergo his training.  He
successfully completed his training and was transferred to Korea on 27
April 1967, where he was assigned to Headquarters and Headquarters Company,
3rd Battalion, 23rd Infantry Regiment of the 2nd Infantry Division for duty
as a scout driver in military occupational specialty (MOS) 11D (Armor
Intelligence Specialist).

2.  He was advanced to the pay grade of E-4 (specialist four) on 22
December 1967 and departed Korea on 26 April 1968 for assignment to Fort
Hood, Texas, in MOS 11D.  He remained at Fort Hood until 4 September 1968,
when he was honorably released from active duty (REFRAD) for the purpose of
returning to or entering a college, university or equivalent educational
institution.  He had served 1 year, 11 months and 6 days of total active
service and his report of separation (DD Form 214) indicates that he was
awarded the National Defense Service Medal.

3.  A review of his records also shows that he was awarded the Armed Forces
Expeditionary Medal (AFEM) for his service in Korea and that award was not
included on his DD Form 214.  Additionally, his records show he had
excellent conduct and efficiency ratings throughout his service and his
record is void of any derogatory information that would serve to disqualify
him for award of the Good Conduct Medal (GCMDL).

4.  The documents submitted by the applicant serve to show that actions of
a low-intensity conflict were occurring in Korea during the period he
served.
5.  Army Regulation 600-8-22 provides the criteria for award of the Combat
Infantryman Badge (CIB).  It states, in pertinent part, that to be eligible
for the CIB, an individual must be an infantryman with an infantry military
occupational specialty (MOS) and must perform duty as an infantryman, as a
member of an infantry unit of brigade or smaller size, during any period in
which that unit was engaged in ground combat.  Battle participation credit
alone is not sufficient.  That regulation also provides that the CIB is
only authorized for service in Korea for the period of 27 June 1950 to 27
July 1953 (Korean Conflict) and subsequent to 4 January 1969, if serving in
a hostile fire area at least 60 days, while authorized hostile fire pay,
been engaged with the enemy or in active ground combat involving an
exchange of small arms fire at least five times and has been personally
recommended by each commander in the chain of command and approved at
Division level.

6.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the Army Good Conduct Medal (GCMDL).  It states, in
pertinent part, that the GCMDL was established by Executive Order 8809, 28
June 1941 and was amended by Executive Order 9323, 1943 and by Executive
Order 10444, 10 April 1953 and is awarded for exemplary behavior,
efficiency, and fidelity in active Federal military service.  The
regulation also states, in pertinent part, that for first award only, upon
termination of service on or after 27 June 1950, a period of service of
less than 3 years but more than 1 year qualifies for award of the GCMDL.

7.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal.  This message specified criteria for the award of the Korea Defense
Service Medal as follows:

      a) service members of the armed forces must have served in support of
the defense of the Republic of Korea from 28 July 1954 through a future
date to be determined by the Secretary of Defense;

      b) the area of eligibility encompasses all land area of the Republic
of Korea, and the contiguous water out to 12 nautical miles, and all air
spaces above the land and water areas;

      c) service members must have been mobilized with units or assigned or
attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for 30 consecutive or 60 non-
consecutive days.

8.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:

      a) be engaged in actual combat during an armed engagement, regardless
of the time in the area of eligibility;

      b) is wounded or injured in the line of duty and requires medical
evacuation from the area of eligibility;

      c) participates as a regularly assigned air crew member flying sorties
for 30 consecutive days or 60 nonconsecutive days into, out of, within, or
over the area of eligibility in support of military operations; or

      d) served in operations and exercises conducted in the area of
eligibility as long as the basic time criteria is met.

The message further provided that, due to extensive time period for the
Korea Defense Service Medal eligibility, the non-consecutive service period
for eligibility remains cumulative throughout the entire period.

9.  Army Regulation 611-201, in effect at the time, prescribed the career
management fields (CMF) for all enlisted military occupational specialties.
 The Infantry CMF consisted of the 11B, 11C, and 11H specialties.  MOS 11D
was included under the Armor CMF along with MOS 11E, 11G, and other armor
combat arms related specialties.

10.  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.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the CIB for
his service in Korea has been noted and found to be without merit.  The CIB
was not authorized to be awarded during the time he served in Korea and to
do so would afford him a benefit not afforded to others who served during
the same period.

2.  Notwithstanding that the CIB was not authorized during the period he
served in Korea, the applicant has also not established through the
evidence submitted or the evidence of record that he met the criteria for
award of the CIB.  The applicant served in an armor specialty while
assigned to Korea and thus was not eligible for award of the CIB, if the
CIB had been authorized at the time.

3.  However, after carefully examining the applicant’s record of service,
it appears that the applicant should have received the GCMDL for his
service from 29 September 1966 to 4 September 1968.  This conclusion is
based on the fact that the record is void of any derogatory information,
which would preclude the applicant from being awarded the GCMDL, and the
lack of any specific action by the applicant’s unit commander to disqualify
him from receiving the award.

4.  The evidence suggests that the applicant not receiving the GCMDL was
likely the result of an administrative error as opposed to it being the
result of a conscious disqualification by any of the unit commanders for
which he served.  Therefore, in the interest of justice, this error should
be corrected and the applicant should receive the GCMDL at this time.

5.  The evidence of record also reveals that the applicant is authorized to
be awarded the KDSM and to have his award of the AFEM reflected in his
records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mkp___  __reb___  __lmb___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by awarding him the GCMDL for the period of 29
September 1966 to 4 September 1968, awarding him the KDSM and by showing
that he was awarded the AFEM.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the CIB.



                 Margaret K. Patterson
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000006                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT )                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.107.0056              |102/GCM                                 |
|3.107.0072              |118/AFEM                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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