PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            8 February 2001
	DOCKET NUMBER:   AR2000049037

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman, Jr.		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 he be awarded the Combat Infantryman Badge (CIB), the Bronze Star Medal (BSM), the Korean Service Medal (KSM) and any other awards he is authorized to receive.

3.  The applicant states, in effect, that he earned awards for serving in the Korean War and never received them.  He further states that he was supposed to have been awarded the BSM and he believes that he should receive them for fighting for his country. 

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, the reconstructed records made available to the Board contain a copy of his report of separation (DD Form 214) and previous requests for awards that contain a copy of a letter postmarked from the applicant in Korea to his mother in Kentucky.

5.  The applicant’s DD Form 214 shows that he was inducted on 14 December 1950, that his home address at the time of entry into active service was in Paintsville, Kentucky, that he served as a light truck driver, that he was advanced to the rank of private first class on 16 August 1951, that he served overseas for 7 months and 11 days, that his request for a hardship discharge was approved by the hardship section of the 24th Infantry Division, which was located in Korea at the time, and that he was honorably discharged at Fort Campbell, Kentucky on 15 January 1952 for hardship reasons.  He had served 1 year, 1 month and 2 days of total active service.  At the time of his discharge his DD Form 214 indicated that he had no decorations and awards.

6.  On 16 December 1991, the Army Reserve Personnel Center (ARPERSCOM) awarded the applicant the Army Good Conduct Medal (AGCMDL) and the National Defense Service Medal (NDSM).  However, there is no evidence in the available records to show that his DD Form 214 was ever corrected to reflect those awards.

7.  A review of the letter contained in his reconstructed records shows that the applicant was stationed in Korea with Headquarters Company, 24th Medical Battalion on 4 November 1951 when he dispatched a letter to his mother in Paintsville, Kentucky.

8.  Army Regulation 600-8-22 establishes the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.
9.  Army Regulation 600-8-22 also provides, in pertinent part, that the KSM is a United Nations Service Medal (UNSM) that is awarded for service in Korea or its adjacent territorial waters during the period 27 June 1950 to 27 July 1954.  The service must have been performed while on permanent assignment, or on temporary assignment for 30 consecutive days, or in active combat against the enemy.  The award of the KSM is sufficient to award the UNSM as well.

10.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations.  It states, in pertinent part, that the decision to award an individual a decoration as well as which award is appropriate for the period of service or act being recognized is made by the commander having award approval authority.  

11.  Army Regulation 600-8-22 also serves as the authority for award of the BSM.  It states, in pertinent part, that the BSM is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished him or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in enemy operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

CONCLUSIONS:

1.  The applicant’s contentions have been noted by the Board; however, the available evidence of record fails to show that during his assignment in Korea he was assigned an infantry military occupational specialty or that he performed the duties of an infantryman while engaged in ground combat against the enemy. Therefore, in the absence of evidence to the contrary, it must be presumed that in accordance with the applicable regulations governing award of the CIB, that he is not entitled to be awarded that badge.

2.  Likewise, there is no evidence to show that he was ever recommended for or approved for award of the BSM.  Therefore, in the absence of evidence to the contrary there is no basis to award him that medal as well.

3.  However, there is sufficient evidence to show that he did in fact serve in Korea for the requisite period necessary to be awarded the KSM and the UNSM. Therefore, it would be in the interest of justice to award him those medals at this time and to correct his records accordingly.

4.  Additionally, it would also be appropriate to correct his records at this time to show his awards of the AGCMDL and the NDSM that was previously awarded by the ARPERSCOM.
5.  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 awarding the individual concerned the KSM and the UNSM for his service in Korea and correcting his records to reflect his awards of the AGCMDL and NDSM as well.

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

BOARD VOTE:  

__dh____  __jhl____  ___gp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___JoAnn H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2000049037	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/02/08	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  116	107.0070/KSM	
2.  131	107.0085/UNSM	
3.  60	107.0014/BSM	
4.  157	107.0111/CIB	
5.		
6.