BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100029045 


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 his earlier request for award of the Combat Infantryman Badge (CIB).  

2.  As a new issue, he requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Korea and award of the Expert Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 Caliber) Bars.

3.  The applicant states:

* At the time that he served many non-infantry Soldiers were awarded the CIB
* It seems the North Koreans knew more about him than his own Government
* The Record of Proceedings did not mention his infantry colonel who commended him constantly
* Maybe someday the North Koreans will release information about the incidents at the Demilitarized Zone (DMZ)
* His unit was closely related to or even part of the 2nd Infantry Division in Korea
* They were always reminded that their secondary military occupational specialty (MOS) was 11B (Light Weapons Infantryman)
* He served his country in good faith - unlike others who left for Canada - and he should be recognized for his hard and dirty service at the DMZ

4.  The applicant provides:

* A certificate from the United Nations Command Security Battalion
* Photograph of his Military Police (MP) upper arm brassard
* DD Form 1351-2 (Travel Voucher and Sub-voucher)

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) AR20100013338 on 10 November 2010.

2.  The applicant submitted a new argument as well as a certificate from the United Nations Command Security Battalion, a photograph, and a DD Form 1351-2 which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show he was inducted into the Army of the United States on 14 March 1967.  He completed basic combat and advanced individual training and he was awarded MOS 95B (MP).

4.  On 28 April 1967, Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, issued Special Orders Number 112, awarding him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

5.  On 3 July 1967, Headquarters, 4th Training Brigade, U.S. Army Training Center, Fort Gordon, GA, published Special Orders Number 100, showing the applicant fired his M-16 Rifle on a familiarization range/course; however, there is no indication he qualified with this weapon or the degree of his qualification. 

6.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified marksman with the M-14 Rifle and the .45 Caliber Pistol on 19 May 1967.

7.  He served in Korea from 7 August 1967 to 25 August 1968 as an MP with the U.S. Army Support Group, Joint Security Area.

8.  On 11 September 1967, his unit received a letter of commendation from a U.S. Air Force major general commending the unit on outstanding performance during a surprise attack by the North Koreans on 28 August 1967.  The battalion commander endorsed this letter and commented on many individuals' acts of bravery.
9.  Item 38 (Record of Assignments) shows he served as an MP throughout his military service.  There is no indication he served in an infantry MOS. 

10.  Item 41 (Awards and Decorations) of his DA Form 20 shows the National Defense Service Medal, Armed Forces Expeditionary Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

11.  He was honorably released from active duty on 19 January 1969 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.  His DD Form 214 shows the following entries:

   a.  Item 22c (Foreign and/or Sea Service) shows he completed 1 year and 
15 days of foreign service.

   b.  Item 23a (Specialty Number and Title) shows he held MOS 95B.
   
   c.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal and the Good Conduct Medal.

12.  On 19 May 2008, he was issued a DD Form 215 (Correction to DD Form 214) that added the Korea Defense Service Medal.

13.  The applicant provided a:

   a.  Certificate from the United Nations Command Security Battalion verifying his service at the DMZ.

   b.  Photograph of his MP shoulder sleeve patch.

   c.  DD Form 1351-2 that shows he travelled from Fort Gordon, GA through Fort Lewis, WA to Korea and that he was paid travel pay by the 2nd Infantry Division. 

14.  Army Regulation 600-8-22 (Military Awards) states 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 or special forces specialty and must have 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. 
15.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  From 1951 to 1962, item 22c or 24 of the DD Form 214 in effect at the time showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, item 12 of the DD Form 214 then in effect showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g., U.S. Army Europe or U.S. Army Vietnam).  

16.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  For example, Expert Marksmanship Qualification Badge with Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar or Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. In the event a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

DISCUSSION AND CONCLUSIONS:

1.  He served in Korea from 7 August 1967 to 25 August 1968.  At the time that he served there was no requirement to list the country of foreign service on the DD Form 214.  However, the regulation required an entry of the last overseas theater in which the service was performed - in his case USARPAC (U.S. Army Pacific).  Therefore, he is entitled to correction of his DD Form 214 to show his foreign service in USARPAC.

2.  His service in Korea qualified him for award of the Armed Forces Expeditionary Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he qualified as a marksman with the M-14 Rifle and the .45 Caliber Pistol on 19 May 1967.  Therefore, he is entitled to correction of his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Rifle (M-14) and Pistol (.45 Caliber) Bars.

4.  He previously qualified expert with the .45 Caliber Pistol on 28 April 1967.  However, his DA Form 20 shows he fired marksman on 19 May 1967 with this weapon.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification. 

5.  There is no evidence in his available records that indicate he fired expert with the M-14 Rifle.  In the absence of substantiating evidence (memorandum, official orders, endorsement, roster, or other evidence) confirming he qualified expert, there is insufficient evidence to show this badge on his DD Form 214.

6.  The available evidence shows the applicant held an MP MOS and he was assigned to an MP battalion.  The CIB requires the Soldier to be an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and the Soldier actively participates in such ground combat.  The applicant did not meet any of the requirements.  Therefore, he is ineligible for award of the CIB.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____x____  __x____  __x______  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 AR20100013338, on 10 November 2010, regarding the CIB.

2.  In regard to the new issues, the Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* adding to item 22c of his DD Form 214 the entry "USARPAC"
* adding to item 24 of his DD Form 214 the:

* Armed Forces Expeditionary Medal (Korea)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and/or Pistol Bar (.45 Caliber).



      _______ _   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)                                         AR20100029045



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ABCMR Record of Proceedings (cont)                                         AR20100029045



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