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ARMY | BCMR | CY2010 | 20100021309
Original file (20100021309.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  22 March 2011

		DOCKET NUMBER:  AR20100021309 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of the Board's denial of his previous request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Combat Infantryman Badge.

2.  The applicant states he has enclosed Special Orders Number 39, dated 23 February 1952, awarding him the CIB.  He adds these orders were provided by the U.S. Army Human Resources Command in response to his Congressional inquiry regarding this matter.  He further states these orders were never filed in his official military personnel records and that his unit was Company K, 65th Infantry Regiment, 3rd Infantry Division while serving in Korea.
 
3.  The applicant provides his DD Form 214, his DD Form 215 (Correction to DD Form 214), a letter from his elected representative, Special Orders Number 39, DD Forms 214 of two other veterans, and a letter from one of those veterans.

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 AR20060004019 on 5 December 2006.

2.  The orders provided by the applicant are new evidence which warrant the Board reconsider his request.
3.  The applicant enlisted in the Army National Guard on 18 August 1950 and he was ordered to active duty on 10 September 1950.  His military occupational specialty was 745 (rifleman) and his component and branch were National Guard of the United States and infantry.

4.  His available records show he was assigned or attached to Company K,
65th Infantry Regiment while in the Republic of Korea during the period December 1951 to April 1952.  He was released from active duty and reverted back to the National Guard on 3 July 1952.  His records further show he was inducted into and served in the Army of the United States during the period
29 November 1954 through 14 November 1956.

5.  Headquarters, 65th Infantry Special Orders Number 39, dated 23 February 1952, awarded him the Combat Infantryman Badge.

6.  Item 27 (Decorations, Medals, Badges, Commendations, Citation and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 3 July 1952, as corrected by a DD Form 215, dated 26 June 2007, does not show award of the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

While the applicant's name on the copy of Special Order Number 39 provided by the applicant is not completely legible, the service number appears to be his.  As such, it would be appropriate at this time to correct his DD Form 214 to show the award of the Combat Infantryman Badge.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20060004019, dated on 5 December 2006.  As a result, the Board recommends that all Department of 


the Army records of the individual concerned be corrected by adding to item 27 of his DD Form 214 for the period ending 3 July 1952 the Combat Infantryman Badge.



      _________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100021309



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ABCMR Record of Proceedings (cont)                                         AR20100021309



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