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ARMY | BCMR | CY2005 | 20050000983C070206
Original file (20050000983C070206.TXT) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 August 2005
	DOCKET NUMBER:  AR20050000983


	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. Beverly A. Young

Analyst


The following members, a quorum, were present:


Ms. Margaret Patterson

Chairperson

Mr. Ronald Blakely

Member

Ms. Linda 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 reconsideration of his earlier request for award of the Combat Infantryman Badge.  

2.  The applicant states that he was in combat in Korea, approximately 10 miles north of the 38th parallel.

3.  The applicant provides a copy of his DD Form 214, information regarding his military occupational specialty (MOS) including the address of a former fellow Soldier, and a Department of Veterans Affairs (DVA) Rating Decision Code Sheet dated 12 April 1995.

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 AR2004106090 on 19 October 2004.

2.  The documents provided by the applicant are new evidence that will be considered by the Board.

3.  The applicant enlisted in the Regular Army on 27 December 1950 for a period of three years.  His DD Form 214 shows his branch of service was engineer and item 5 (Qualifications, Specialty Number or Symbol) shows the entry "NA" [Not Applicable].  He served in Korea and was honorably discharged on 17 December 1953.

4.  The applicant's DD Form 214 shows he completed basic training.

5.  The applicant's DD Form 214 shows the Korean Service Medal with four bronze service stars, the United Nations Service Medal, the Army of Occupation Medal with Japan Clasp, and the National Defense Service Medal as authorized awards.

6.  The applicant provided a handwritten note indicating that his MOS was 4745 [Rifleman] and he completed 14 weeks of infantry training.  He also indicated he 

was assigned to Company B, 4th Platoon, 17th Medical Tank Battalion, 7th Armored Division.  He identified a former fellow Soldier who could verify the information.

7.  The applicant's DVA Rating Decision Code Sheet dated 12 April 1995 lists seven Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) codes with the corresponding condition for each code.  

8.  There are no orders for the Combat Infantryman Badge in the available records.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 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.  

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence which shows the applicant was an infantryman who served in an infantry MOS or served in active ground combat while assigned to an infantry unit in Korea.

2.  Although the applicant indicates that he completed 14 weeks of infantry training and served in MOS 4745 as a rifleman, his DD Form 214 shows his branch of service as engineer.  As he noted in his handwritten note, he was assigned to a tank battalion in an armored division, not an infantry unit.

3.  In the absence of orders for the Combat Infantryman Badge or other evidence of record which shows that the applicant met the criteria for award of the Combat Infantryman Badge, there is insufficient evidence in which to base award of the Combat Infantryman Badge in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

MP______  RB______  LB______  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 AR2004106090, dated 19 October 2004.




Margaret Patterson____
          CHAIRPERSON




INDEX

CASE ID
AR20050000983
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20050825
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
107.0111
2.

3.

4.

5.

6.


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