PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:               10 March 1999
	DOCKET NUMBER:       AC98-08905
				       AR1998013601

	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. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his records to show awards to which he is entitled for his service in Korea.  He also requests that the entry “Korean Combat Time for 5 months” be entered in item 26 (Foreign and/or Sea Service) on his DD Form 214.

3.  The applicant states that he would like his records updated to show personal and unit awards.  He states that, as a minimum, he should have received the Korean Service Medal, Combat Ribbon or Combat Infantryman Badge, Overseas Stripe and any unit awards of the Eighth Army and the 25th Infantry Division.  On his application, he describes his service in Korea and his evacuation from Korea for medical reasons.  In support of his application, the applicant submitted two Department of Veterans Affairs Forms 21-4138 (Statement in Support of Claim), a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States) on which he annotated item 26 (Foreign and/or Sea Service) with the entry “Korean Combat Time for 5 months”, and a copy of a clinical summary dated 30 March 1951.  All of these documents were provided to the Board.

4.  The applicant’s military records show that he entered active duty on 28 December 1948.  He completed training as an anti-aircraft weapon crewman and served in Korea from 19 August 1950 to 23 January 1951.  The applicant was honorably discharged on 11 May 1951.

5.  The applicant’s DD Form 214 shows the entry “None” under item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).

6.  Army Regulation 600-8-22 governs the military awards program for the Army. This regulation does not show the “Combat Ribbon” as an authorized award; therefore, it is not discussed further in this proceeding.

7.  There is no evidence in the applicant’s records that he was awarded the Combat Infantryman Badge or that he served in an infantry duty position in an infantry unit during his service in Korea.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge (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 be 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. 

8.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, and 2 August 1990 through 30 November 1995.

9.  Army Regulation 600-8-22 provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.  Table B-1 of this regulation lists the campaigns of the Korean War. For each campaign in which an individual served, a bronze service star was authorized for wear on the Korean Service Medal.  Based on the dates of the applicant’s service in Korea he is entitled to three bronze service stars.

10.  Army Regulation 670-1, in effect at the time, governs the requirements for the Oversea Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  For Korea service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Korea from 27 June 1950 to until 27 July 1954.  Both the month of arrival and the month of departure from Korea are counted as a whole months for credit toward the overseas service bar.

11.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

12.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, shows, among other information, awards for units participating in the Korean War.  This document shows the 8th Field Artillery Battalion was awarded the Distinguished Unit Citation (now known as the Presidential Unit Citation) for the period 21 to 24 August 1950 by Department of the Army General Order Number 49-51.  Records show the applicant was a member of this unit during the period for which it was cited.

13.  There is no evidence in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  There is no indication of indiscipline in his records.

14.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

15.  Regulations governing the preparation of the DD Form 214 at the time in question provided that item 26 (Foreign and/or Sea Service) will show all foreign service performed during the period covered by the DD Form 214.  The regulation also states that the amount of foreign service will be taken from the soldier’s Service Record.  There is no provision for the entry “combat time” under foreign service.

CONCLUSIONS:

1.  There is no evidence the applicant was awarded the CIB or served in an infantry position in an infantry unit in Korea; therefore, he is not entitled to award of the CIB.

2.  Based on the applicant’s service in Korea, he is entitled to award of the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Presidential Unit Citation, and one Oversea Service Bar.  Therefore, he is entitled to correction of his records to show these awards.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 27 December 1948 to 11 May 1951 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  Review of the applicant’s record of service does not indicate entitlement to any additional awards other than those specified in paragraphs 2 and 3, above.

5.  There is no provision of regulation for indicating the entry “combat time” in item 26 of the DD Form 214.  Service in a theater of operation is indicated by award of service medals, and the applicant has been credited by the Board with the Korean Service Medal with three bronze service stars indicating his participation in three campaigns during the Korean War.  Therefore, item 26 of the applicant’s DD Form 214 is correct as currently shown and he is not entitled to correction or amendment of this item.

6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.
RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the United Nations Service Medal, the Presidential Unit Citation, one Oversea Service Bar and the Good Conduct Medal for the period 27 December 1948 to 11 May 1951.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

FKM____  MW_____  KLW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Fred K. McCoy
		CHAIRPERSON

INDEX

CASE ID	AC9808905/AR1998013601	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990310	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19510511	
DISCHARGE AUTHORITY	AR 600-450	
DISCHARGE REASON	DISABILITY	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.	100.00	
3.		
4.		
5.		
6.