PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            2 December 1998                 
	DOCKET NUMBER:   AC98-09862

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		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 that his records be corrected to show award of the Combat Infantryman Badge.

3.  The applicant states he received the award for action in Korea, but it was never listed on his DD Form 214 (Report of Separation from the Armed Forces of the United States).  The American Legion, as counsel for the applicant, indicates there is sufficient evidence in support of his claim and the award should be made.

4.  The applicant’s military records were destroyed or lost in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that he enlisted on 26 April 1951.  He served in Korea, as an infantryman, for an undetermined period; however, he served overseas for a period of 1 year, 7 months and 8 days.  He was honorably separated on 25 April 1954.  His DD Form 214 indicates he was awarded the Silver Star, the National Defense Service Medal, the United Nations Service Medal, the Korean Service Medal with three bronze service stars and the Army of Occupation Medal with Germany Clasp.  His DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

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.  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, satisfactorily performed duty which 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.

CONCLUSIONS:

1.  Evidence shows he served as an infantryman in an infantry unit in combat during the Korean War; therefore, he is entitled to the award of the Combat Infantryman Badge.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Combat Infantryman Badge.

BOARD VOTE:  

RVO____  GDP____  JHK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON