PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:               12 September 2000
	DOCKET NUMBER:       AR2000039710

	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. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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 DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show all awards and decorations to which he is entitled while serving in Korea.

3.  The applicant states that all awards and decorations to which he is entitled are not listed on his DD Form 214.  He also states specifically that the Combat Infantryman Badge (CIB), the Korean Presidential Unit Citation and his bronze service stars for his Korean Service Medal are not listed on his DD Form 214.
In support of his application he submits a copy of his DD Form 214.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he entered active duty on 6 June 1950.  He served in Korea from August 1950 to April 1951 and was honorably discharged on 7 April 1951.

5.  The applicant’s personnel records show that he was awarded the Korean Service Medal.  His DD Form 214 does not show any other awards.

6.  There is no indication in the available records, which show that he served in an infantry duty position or that he was awarded the Combat Infantryman Badge.

7.  A review of Department of the Army Pamphlet shows that his unit 
participated in four campaigns:  the United Nations Defensive, the United Nations Offensive, the Chinese Communist Force Intervention and the First United Nations Counteroffensive.  

8.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the 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 specialty, satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, 
determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the Company C, 8th Cavalry Regiment, 1st Cavalry Division was cited for award of the Korean Presidential Unit Citation for the period 16 August 1950 to 26 September 1950 by Department of the Army General Orders 35, 1951.

10.  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.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of the bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulation also states that bronze service stars will be worn on the appropriate service medals.

12.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, dated 6 July 1961, also shows the applicant’s unit was awarded the Bravery of Gold Medal of Greece during the Korean War based on Department of the Army General Order 2, dated 1956.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In Pertinent part, the regulation states that the period of eligibility for the United Nations 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.

14.  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.

15.  Review of the available records does not reveal that he was recommended for or entitled to any other awards or decorations.

CONCLUSIONS:

1.  There is no evidence in the available records, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge. 
The applicant’s discharge document shows that he served in an infantry unit; however, there is no evidence to show that he served in an infantry position in combat during his assignment in Korea.  Therefore, the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Korea and there is no basis for award of the Combat Infantryman Badge to him now.  
2.  The applicant was awarded the Korean Presidential Unit Citation; therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows that he is entitled to the Korean Service Medal with four bronze service stars, the Bravery Gold Medal of Greece and the United Nations Medal based on award of the Korean Service Medal.  Therefore, he
is entitled to correction of his records to show these awards.

4.  Evidence of record shows that the applicant served a period of qualifying service for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Korean Presidential Unit Citation, the Korean Service Medal with four bronze service stars, the Bravery Gold Medal of Greece, the United Nations Medal based on award of the Korean Service Medal and the National Defense Service Medal.

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

BOARD VOTE:  

CMF____  FE______  CJS____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_CALVIN M. FOWLER_________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043352	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000912	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19510407	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY/GRANT	
REVIEW AUTHORITY		
ISSUES         1.  157		
2.  46		
3.		
4.		
5.		
6.