MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 September 1999                   
	DOCKET NUMBER:   AR1999019595

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Meta Waller		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his DD Form 214 for the period ending 29 April 1955 be corrected to show his correct military occupational specialty (MOS) of 1745 (Infantry) and award of the Combat Infantryman Badge (CIB).  He also requests to know why he did not receive the National Defense Award (National Defense Service Medal) during his service even though it is listed on his last DD Form 214.

APPLICANT STATES:  That he was assigned to a rifle company and his separation orders shows his MOS as 1745.  He was attached to the 5th Regimental Combat Team as a Browning Automatic Rifleman around the   January – May 1953 time frame.  Around mid-1953 his unit provided infantry support in “Operation Big Switch,” the exchange of United Nations and communist prisoners of war.  

EVIDENCE OF RECORD:  The applicant's military records show:

He initially enlisted in the Regular Army on 1 May 1952 and separated on          29 April 1955.  His DD Form 214 shows his MOS was 1812, heavy weapons infantryman.  The orders assigning him from Company K, 21st Infantry Regiment to the Inchon Replacement Depot for reassignment stateside show his MOS as 1745.

The applicant reenlisted on 29 November 1957.  

On 17 September 1958, the applicant completed DD Form 398, Statement of Personal History.  On that form he listed in block 15 as residences “Aug 52 – Jul 53 On Post Residence Cp Youngshan’s (sic) Japan” and “Jul 53 – Aug 54 On Post Residence Yanggu Valley Korea.”

The applicant’s DA Form 2-1, Personnel Qualification Record, block 5 shows a consolidated entry of 21 months overseas service prior to 1 January 1960 (not broken down by country).  Block 35 shows his prior service as “AD 5205 – 5504 Hvy Wpns Inf…”

Army Regulation 600-8-22 provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s prior service records are not available and the available evidence of record shows conflicting information regarding his MOS.  It is not inconceivable that a heavy weapons infantryman was assigned to a rifle company.  Unless the applicant can provide additional evidence to support his contention, the Board will not direct that his DD Form 214 be changed.

3.  The applicant states he was assigned to a regimental combat team but provides no details as to what combat action that team may have been involved in.  In addition, he contends that he was assigned to that team around the January – May 1953 time frame.  However, his DD Form 398, which he completed only 3 years after his separation, shows that he was in Japan during that time frame.  That form further shows he did not arrive in Korea until July 1953, when he contends his unit provided infantry support in “Operation Big Switch,” a non-combat operation.

4.  The Board cannot explain why the applicant did not receive the National Defense Service Medal while he was in service, but his last DD Form 214 does properly show that award with an oak leaf cluster.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne___  __tap___  __mw____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019595	
SUFFIX		
RECON		
DATE BOARDED	19990929	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	100.05	
3.		
4.		
5.		
6.