PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            22 March 2001                  
	DOCKET NUMBER:   AR2000049014

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley Powell 		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith 		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, in effect, correction of his middle name, foreign service, awards/decorations and duty assignment on his DD Form 214 (Report of Separation from the Armed Forces of the United States).      

3.  The applicant states, in effect, that his middle name is “Allen”; that he served 11 months of foreign service; that he is entitled to the American Defense Service Medal, the Good Conduct Medal and the Combat Infantryman Badge; and that his duty assignment should be Company K, 196th Infantry Regiment.  In support of his application, he submits a letter, dated 1 August 1955, from the Office of the Adjutant General, Military Personnel Records Center at St. Louis, Missouri and a copy of his DD Form 214.   

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show that the applicant enlisted in the South Dakota National Guard on 27 October 1947.  He was ordered to active duty on
1 September 1950 and served as a light weapons infantry leader in Alaska from 31 July 1951 to 21 June 1952.  The applicant was honorably released from active duty on 1 July 1952 and transferred to the South Dakota National Guard to complete his remaining obligation.    

5.  Item 1 (Last Name - First Name - Middle Name) on the applicant’s DD Form 214 shows his middle name as “ALLAN”.  Item 26 (Foreign and/or Sea Service) on the DD Form 214 shows the entry “NA”.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the entry “NA”.  Item 28 (Most Significant Duty Assignment) on his DD Form 214 shows the entry “Co K 195th Ing Regt APO 949”.    

6.  The applicant’s Birth Certificate shows his middle name as “Allen”.   

7.  The applicant provided a copy of a letter, dated 1 August 1955, from the Office of The Adjutant General, Military Personnel Records Center at St. Louis, Missouri, which states “The records show that [the applicant] departed the United States for foreign service on 31 July 1951 and returned to the United States from foreign service on 21 June 1952”.  This foreign service totals 10 months and 
21 days.    

8.  There is no evidence in the available records which shows the applicant served within the American Theater between 8 September 1939 and 7 December 1941.

9.  There is no evidence in the available records that shows the applicant was considered for the first award of the Good Conduct Medal.

10.  There are no orders for the Combat Infantryman Badge in the available records.  His records do show that he served in an infantry military occupational specialty while assigned to an infantry regiment.  However, there is no evidence which shows the applicant engaged in active ground combat.

11.  The applicant’s DA AGO Form 67-2 (Officer Efficiency Report) for the period covering 1 September 1950 to 9 June 1952 shows his unit was Company K, 196th Infantry Regiment.     

12.  The Board noted that the applicant was eligible for award of the National Defense Service Medal. 

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

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.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements 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 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.

16.  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.

CONCLUSIONS:

1.  The applicant’s Birth Certificate shows his middle name as “Allen”.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this name.   

2.  Evidence of record shows the applicant served 10 months and 21 days of foreign service.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this foreign service.  

3.  The applicant did not serve on active duty in the American Theater between 8 September 1939 and 7 December 1941; therefore, he is not entitled to award of the American Defense Service Medal.

4.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 1 September 1950 to 1 July 1952 ending with termination of a period of Federal military service.  Therefore, the applicant is entitled to correction of his military records to show this award.   

5.  The Board noted that the applicant served as a light weapons infantry leader while assigned to Company K, 196th Infantry Regiment.  However, there is no evidence available to the Board, and the applicant has provided no evidence, which shows that he engaged in active ground combat.  Therefore, the applicant is not entitled to award of the Combat Infantryman Badge.          

6.  Evidence of record shows the applicant’s unit for the period of 1 September 1950 to 9 June 1952 was Company K, 196th Infantry Regiment, not Company K, 195th Infantry Regiment.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit.   

7.  Based on his active duty from 1 September 1950 to 1 July 1952, the applicant is entitled to award of the National Defense Service Medal.

8.  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: 

	a.  by deleting the entry “ALLAN” in item 1 (Last Name – First Name – Middle Name) on the DD Form 214 of the individual concerned; and 

	b.  by adding the entry “ALLEN” in item 1 on the DD Form 214; and

	c.  by deleting the entry “NA” in item 26 (Foreign and/or Sea Service) on the DD Form 214;

	d.  by adding the entry “00 10 21” in item 26 on the DD Form 214; and 
	
	e.  by deleting the entry “NA” in item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) on the DD Form 214; and 

	f.  by adding the entries “Good Conduct Medal” and “National Defense Service Medal” in item 27 on the DD Form 214; and

	g.  by deleting the entry “Co K 195th Ing Regt APO 949” in item 28 (Most Significant Duty Assignment) on the DD Form 214; and

	h.  by adding the entry “Co K 196th Inf Regt APO 949” in item 28 on the DD Form 214.

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

BOARD VOTE:  

SP_____  JPI_____  RKS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Shirley Powell_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000049014	
SUFFIX		
RECON		
DATE BOARDED	20010322	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19520701	
DISCHARGE AUTHORITY	   	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0100	
2.	100.0000	
3.	107.0056	
4.	107.0061	
5.	107.0111	
6.