RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          19 October 2005
      DOCKET NUMBER:  AR20050000092


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Hubert Fry                    |     |Member               |
|     |Mr. Robert Rogers                 |     |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 earlier requests for award of
the Bronze Star Medal for meritorious service during the period 2 July 1950
to
15 September 1950.  He also requests award of the Combat Infantryman Badge,
which is a new issue.

2.  The applicant states, in effect, he would like the Board to consider
the same findings and conclusion to his case as it did with a fellow
Soldier who was awarded the Bronze Star Medal in 1995 by the Board.  He
contends that, except for two awards of the Purple Heart, his record is
just as honorable as the fellow Soldier's and the 69 men that he served
with in Korea that were awarded the Bronze Star Medal for meritorious
service.

3.  The applicant also states, in effect, that he transferred from Battery
A, 26th Antiaircraft Artillery Automatic Weapons (AAA AW) Battalion, 24th
Infantry Division to Company E, 19th Infantry Regiment, 24th Infantry
Division in February 1951 in Korea.  He contends that he is eligible for
the Combat Infantryman Badge because he was in continuous firefights from 8
March 1951 until he was relieved on 30 April 1951.

4.  The applicant provides a letter, dated 11 November 2004, with 22
enclosures.

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
AR2001060673, on 24 January 2002.

2.  The applicant provides a 1995 precedent case wherein the Board awarded
the Bronze Star Medal for meritorious service during the period 2 July 1950
through 16 August 1950 to a member of Battery A, 26th AAA AW Battalion,
24th Infantry Division in Korea.

3.  The applicant provides a copy of Headquarters, 24th Infantry Division
General Order Number 291, dated 30 December 1950, and a copy of
Headquarters, 24th Infantry Division General Order Number 293, dated 31
December 1950, which show the Bronze Star Medal was awarded to 69 members
of Battery A, 26th AAA AW Battalion for meritorious service during the
period 2 July 1950 through 2 or 24 November 1950.

4.  The applicant provides a letter, dated 23 February 2004, from his squad
leader at the time in question.  He attests that he and the applicant
transferred to Company E, 19th Infantry Regiment, 24th Infantry Division in
late February 1951. He stated that they were engaged in continuous
firefights on 8 March 1951 wherein he [the squad leader] was wounded in
action.  He points out that he [the squad leader] was awarded the Combat
Infantryman Badge.

5.  These submissions are new evidence which will be considered by the
Board.

6.  The applicant also provides several documents which were previously
considered by the Board on 24 January 2002.  This documentation will not be
considered by the Board.

7.  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.

8.  The applicant enlisted on 26 September 1949.  His DD Form 214 (Report
of Separation from the Armed Forces of the United States) shows his
military occupational specialty (MOS) was 4745 (infantryman).  He was
assigned to Battery A, 26th AAA AW Battalion, 24th Infantry Division in
Korea from 5 July 1950 to February 1951.  He was assigned to Company C,
19th Infantry Regiment, 24th Infantry Division in Korea from February 1951
to 30 April 1951.  On 29 May 1951, the applicant was honorably discharged.

9.  The applicant’s DD Form 214 shows his most significant duty assignment
was Company E, 19th Infantry Regiment.  Item 4 (Component and Branch or
Class) shows his branch as Infantry.  His DD Form 214 shows the Korean
Service Medal, the Army of Occupation Medal with Japan Clasp, and the
Distinguished Unit Citation as authorized awards.

10.  There are no orders for the Bronze Star Medal in the available
records.

11.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register), dated 6 July 1961, shows, among other
information, unit awards and citations authorized for units which served
during World War II.  This document shows the applicant's unit (26th AAA AW
Battalion, 24th Infantry Division) received the Distinguished Unit Citation
for actions during the period 2 July to 15 September 1950 based on
Department of the Army General Order 45, dated 1950.
12.  There are no orders for the Combat Infantryman Badge in the available
records.

13.  A DD Form 215 (Correction to DD Form 214), dated 25 April 2002,
amended the applicant's DD Form 214 to show the Army Good Conduct Medal,
the National Defense Service Medal, the Korean Service Medal with one
silver service star, the United Nations Service Medal, and the Republic of
Korea Presidential Unit Citation as authorized awards.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Bronze Star Medal is awarded in time of war for heroism and
for meritorious achievement or service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.  Recommendations must be made within 2
years of the event or period of service and the award must be made within 3
years.

15.  Army Regulation 600-8-22 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.

16.  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.

17.  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.  Evidence of record shows the applicant's unit (26th AAA AW Battalion)
received the Distinguished Unit Citation for the period 2 July through
15 September 1950.

2.  Although there are no orders for the Bronze Star Medal in the available
records, evidence of record shows that, in December 1950, 69 members of the
applicant's unit (Battery A, 26th AAA AW Battalion) were awarded the Bronze
Star Medal for meritorious service during the period 2 July 1950 through 2
or
24 November 1950.  There is no evidence, or reason to believe, that the
applicant's service in Korea during this period was any less meritorious
than those individuals in his unit who were subsequently awarded the Bronze
Star Medal for their services between July and November 1950.  Therefore,
there is sufficient evidence on which to base award of the Bronze Star
Medal for meritorious service during the period 5 July 1950 to 15 September
1950 in Korea.

3.  The applicant's DD Form 214 shows he held an infantry MOS and his most
significant duty assignment was with Company E, 19th Infantry Regiment
during his assignment in Korea.  The applicant's squad leader at the time
in question attests that he was engaged in continuous firefights on 8 March
1951.  Therefore, the squad leader's statement is accepted as sufficient as
a basis for amending the applicant's DD Form 214 to show the Combat
Infantryman Badge.

BOARD VOTE:

BE______  HF_____  RR_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant amendment of the ABCMR’s decision in Docket Number AR2001060673,
dated 24 January 2002.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing that he was awarded the Bronze Star Medal for meritorious service
during the period 5 July 1950 to 15 September 1950 in Korea.

2.  With regard to the applicant's remaining issue, 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 by amending his DD Form
214 to show award of the Combat Infantryman Badge.



            ____Barbara Ellis_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000092                           |
|SUFFIX                  |                                        |
|RECON                   |20020124                                |
|DATE BOARDED            |20051019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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