RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060009863 


	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. Gerard W. Schwartz

Acting Director

Ms. Anita McKim-Spilker

Analyst


The following members, a quorum, were present:


Mr. Thomas M. Ray

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. James R. Hastie

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 request for award of the Purple Heart, the Combat Infantryman Badge (CIB), and two Overseas Service Bars.

2.  The applicant states that he is basing his request on the new evidence presented in Public Law Number 108-375, the Korean Defense Service Combat Recognition Act, signed by the President on 28 December 2004.

3.  The applicant provides a copy of House of Representatives (H.R.) Bill 4039, dated 5 March 2004, and Senate (S.) Bill 2450, dated 19 May 2004, and Headquarters (HQ), Department of the Army (DA) Letter 600-05-1, dated 3 June 2005.

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 AR20050007606, on 13 April 2006.  In this case, the applicant requested award of the Purple Heart, the United Nations Service Medal, 2 Overseas Service Bars, and the Republic of Korea Presidential Unit Citation.  The Board denied award of the Purple Heart, the United Nations Service Medal, and 2 Overseas Service Bars.  He was granted the Republic of Korea Presidential Unit Citation.

2.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR2003084198, on 26 August 2003.  In this case, the applicant requested award of the Purple Heart, the Good Conduct Medal, the Armed Forces Expeditionary Medal, the CIB, and the Korea Defense Service Medal.  The Board denied the applicant's request in total.  However, since the Korea Defense Service Medal was not yet available at the time of the applicant's request, on 9 August 2004, he was awarded the medal and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was corrected to show this award.

3.  The applicant did not provide any new evidence to support his request for reconsideration of award of the Purple Heart or 2 overseas service bars.




4.  The applicant served in the Republic of Korea from 11 June 1965 through
21 June 1966. 

5.  The applicant submitted a copy of H.R. Bill 4039 and S. Bill 2450, the Korea Defense Service Combat Recognition Act, an act to revise the requirements for award of the CIB and Combat Medical Badge with respect to service in the Republic of Korea after 28 July 1953.  The bill provided, in pertinent part, that
eligibility for the CIB was established (1) without any requirement for service by the member in an area designated as a "hostile fire area" or that the member has been authorized hostile fire pay; (2) without any requirement for a minimum number of instances (in excess of one) in which the member was engaged with the enemy in active ground combat involving an exchange of small arms fire; and, (3) without any requirement for personal recommendation or approval by commanders in the member's chain of command other than is generally applicable for service at locations outside the Republic of Korea.   

6.  HQDA Letter 600-05-1 provides changes to the CIB, CMB, and established the Combat Action Badge.  This letter, in relevant part, stipulates that Army veterans and Service members who served in the Republic of Korea subsequent to 28 July 1953 and meet the CIB criteria found in paragraph 8-6c, Army Regulation 600-8-22 (Military Awards) may submit a request for the pertinent award.

7.  Public Law 108-375 codified the Korea Defense Service Combat Recognition Act.  This is new evidence was not considered by the Board in its previous decisions.

8.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6a provides for award of the CIB.  That paragraph states that there are basically three requirements for award of the CIB.  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.


9.  Paragraph 8-6c of Army Regulation 600-8-22, stipulates that the CIB is authorized for award for the following qualifying wars, conflicts, and operations in the Republic of Korea:  
(1)  The Korean War (27 June 1950 to 27 July 1953);
(2)  Korea on the DMZ (4 January 1969 to 31 March 1994); and
(3)  Joint Security Area, Panmunjom, Korea (23 November 1984).

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Republic of Korea from 11 June 1965 through
21 June 1966. 

2.  HQDA Letter submitted by the applicant clearly states that Service members may request award of the CIB if they meet the CIB criteria found in paragraph
8-6c of Army Regulation 600-8-22.  The applicant did not serve in the Republic of Korea during any of the qualifying periods shown above.

3.  In addition, the applicant must meet the criteria of Army Regulation 600-8-22, paragraph 8-6a, above, for award of the CIB.  He has failed to provide sufficient evidence to show that he meets the criteria.

4.  The applicant failed to provide any new evidence to show he is entitled to award of the Purple Heart or 2 Overseas Service Bars.

5.  Although the Board did not consider the applicant's new evidence in its previous decisions, this recent evidence, in and of itself, is insufficient to change the Board's previous decision.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__tmr___  __jcr___  __jrh___  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 AR AR20050007606, dated13 April 2006, or AR2003084198, dated 26 August 2003. 



							Thomas M. Ray
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060009863
SUFFIX

RECON

DATE BOARDED
20070301
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0111
2.

3.

4.

5.

6.