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ARMY | BCMR | CY2005 | 20050004493C070206
Original file (20050004493C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050004493


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |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, as the widow of the deceased former service member
(FSM), requests correction of her late husband's records to show award of
the Combat Infantryman Badge, the Combat Medical Badge, the Overseas
Service Ribbon, and any other awards he is entitled to.

2.  The applicant states, in effect, that the FSM served with the 7th
Infantry in Korea as a combat medic.

3.  The applicant provides a DD Form 214 (Report of Separation from the
Armed Forces of the United States) with the period ending 2 February 1954;
a Certificate of Death, dated 27 January 2005; and a Marriage Certificate,
dated 30 August 1952.

CONSIDERATION OF EVIDENCE:

1.  The FSM’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 FSM’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.

2.  The FSM entered active duty on 7 December 1947.  He was awarded the
military occupational specialty (MOS) Medical Corpsman and later he was
awarded the MOS Food Service Specialist.

3.  His DD Form 214 with the ending period 2 February 1954 shows he served
overseas for a period of 11 months and 28 days.  Item 28 shows his most
significant duty assignment was with Medical Company, 7th Infantry.  He was
honorably separated on 2 February 1954 after completing 6 years, 1 month,
and 7 days of creditable active service with 8 days of lost time.

4.  Item 27 (Decorations, Medals, Commendations, Citations and Campaign
Ribbons or Authorized) shows he was awarded the Korean Service Medal with
three bronze service stars, the National Defense Service Medal, the United
Nations Service Medal, and the Combat Medical Badge.

5.  There are no orders in the FSM 's service personnel records awarding
him the Combat Infantryman Badge.

6.  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 specialty, satisfactorily performed duty
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.  A recipient must be personally present and under
hostile fire while serving in an assigned infantry primary duty, in a unit
actively engaged in ground combat with the enemy.

7.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was
established by the Secretary of the Army on 10 April 1981.  The regulation
states, in pertinent part, that effective 1 August 1981, all members of the
Active Army, Army National Guard, and Army Reserve in an active Reserve
status are eligible for the award for successful completion of overseas
tours.  The award may be awarded retroactively to those personnel who were
credited with a normal overseas tour completion before 1 August 1981
provided they had an Active Army status on or after 1 August 1981 and the
overseas service is not recognized with another U.S. service medal.

8.  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 award.  The Department of Defense has
assigned responsibility to
the Department of the Air Force for distribution of the Korean War Service
Medal to eligible veterans of all services.  To apply, veterans must
provide a copy of their discharge paper to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, TX 78150-4714.  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 the FSM’s DD Form 214.






DISCUSSION AND CONCLUSIONS:

1.  The FSM's DD Form 214 with the ending period 2 February 1954 shows he
was awarded the Combat Medical Badge.

2.  The available evidence of record does not show that the FSM was awarded
the Combat Infantryman Badge.  There is no evidence in his available
records that show he was awarded an infantryman MOS or performed
infantryman duties and engaged in combat which would make him eligible for
the Combat Infantryman Badge.

3.  Evidence of record shows that the FSM was honorably separated on
2 February 1954 after serving 11 months and 28 days overseas.  Army
Regulation 600-8-22 specifically states that the Overseas Service Ribbon
may be awarded retroactively to those personnel who were credited with a
normal overseas tour completion before 1 August 1981 provided they had an
Active Army status on or after 1 August 1981.  Unfortunately, the FSM was
not on active duty during the effective date of the above regulation which
makes him ineligible for award of the Overseas Service Ribbon.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MDM__  __LCB __  __ CD __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.




                                  _____ Mark D. Manning ___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050004493                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |4 October 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0113.0000                           |
|2.                      |107.0111.0000                           |
|3.                      |107.0079.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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