PROCEEDINGS

	IN THE CASE OF:.

	BOARD DATE:           12 August 1999     
	DOCKET NUMBER:   AR1999016112

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Ms. Meta Waller		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 award of the Combat Infantryman Badge, and other unspecified awards.

3.  The applicant states that Korea is technically at war.  He engaged in hostile actions twice and received combat pay.  Korea is also a hardship tour.  

4.  The applicant's military records show that he enlisted in the Army for two years on 2 June1969.  He completed training as an infantryman and in November was assigned to Company A, 1st Battalion, 23d Infantry in Korea.  He was promoted to pay grade E-4 on 18 May 1970.  He completed his tour and returned to the United States at Fort Lewis, Washington in January 1971.  He was released from active duty with an honorable characterization of service on    5 January 1971 with 1 year, 7 months, and 4 days of service.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Armed Forces Expeditionary Medal, and the Expert and Marksman Qualification Badges with rifle bar.  It does not show award of the Combat Infantryman Badge.  The  applicant was discharged from the Army Reserve on 19 February 1975.

5.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 

6.  Special provisions exist for soldiers who served in Korea subsequent to          4 January 1969.  Soldiers must have served in the hostile fire area at least        60 days and be authorized hostile fire pay.  The individuals must have been assigned to an infantry unit of company or smaller size and must have been an infantry officer in the grade of captain or lower or in the case of warrant officers and enlisted men must have had an infantry military occupational specialty.  The soldier must have been engaged with the enemy in the hostile fire area or in active ground combat involving an exchange of small arms fire at least five times. The soldier must be recommended personally by each commander in the chain of command and approved at the division level.  There are no provisions for retroactive award of the Combat Infantryman Badge for Korean veterans.

7.  Chapter 4 of the aforementioned regulation prescribes the eligibility criteria for award of the Army Good Conduct Medal, and states in pertinent part, that the medal is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  One of the qualifying periods of service for the award is upon termination of service on or after 27 June 1950, of less than 3 years but more than 1 year (for first award only).

CONCLUSIONS:

1.  The applicant was an infantryman assigned to an infantry company in Korea.  Nonetheless, there is no evidence of record to show that he was engaged in active ground combat with the enemy, nor is there an order showing award of the Combat Infantryman Badge or a recommendation for that award.  The applicant is not entitled to award of the Combat Infantryman Badge.    

2.  The applicant served honorably and faithfully during his Army service and is entitled to award of the Good Conduct Medal.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Army Good Conduct Medal for his service from 2 June 1969 to 5 January 1971.

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

BOARD VOTE:  

___jvo__  ___jma__  ___mw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999016112	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990812	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2.		
3.		
4.		
5.		
6.