MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 January 2003                   
	DOCKET NUMBER:   AR2002068820

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor 		Chairperson	
	Mr. Arthur A. Omartian 		Member	
	Ms. Marla J. Troup 		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:  Award of the Combat Infantryman Badge.  

APPLICANT STATES:  In effect, that an injustice was done to him by not awarding him the Combat Infantryman Badge in 1951.  He contends that when he arrived in Korea he was assigned to Company I of the 5th Regimental Combat Team from August 1951 to October 1951.  He claims that this is an infantry company and that he fought as an infantryman during the Fall Offensive of 1951.  He goes on to state that the personnel in Company I put names in for award of the Combat Infantryman Badge and neglected to add his name because he was transferred to the tank company in the latter part of October 1951.  In support of his application, he submits a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States); an undated letter of explanation; copies of two post cards; two eyewitness statements, dated 19 January 2002 and 30 January 2002; and seven photographs of soldiers.      

EVIDENCE OF RECORD:  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 was inducted on 21 March 1951.  His DD Form 214 shows that he served as a tanker in Korea and was honorably discharged on 20 December 1952. 

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Infantryman Badge as an authorized award.

There are no orders for the award of the Combat Infantryman Badge in the available records.  

The applicant’s DD Form 214 shows his military occupational specialty (MOS) was 1795 (tanker) and his most significant duty assignment was Company A of the 317th Tank Battalion.

In support of his claim for award of the Combat Infantryman Badge, the applicant provided an eyewitness statement, dated 19 January 2002, from a soldier at the time in question.  The soldier attests that the applicant served with him in an infantry company in Korea during the period of August 1951 to October 1951, that the applicant was an ammunition bearer and that the applicant was transferred to the tank company from Hill 1073.  

The applicant also provided a second eyewitness statement, dated 30 January 2002, from a soldier at the time in question.  This soldier attests that he was stationed with applicant in Company I in the 5th Regiment Combat Team during August 1951 to October 1951, that the applicant was an ammunition bearer and that the applicant was on Hill 1073 in Korea during the Fall Offensive of 1951.   
The historical files of Company I, 3rd Platoon, 5th Regimental Combat Team, 24th Infantry Division located at the National Archives in College Park, Maryland, failed to identify the applicant as being entitled to award of the Combat Infantryman Badge.   

Army Regulation 600-8-22 (Military Awards) 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.

As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.

The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant.  Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

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.  The Board considered the applicant’s contention that he served as an infantryman in an infantry company in Korea.  However, there is no evidence of record available to the Board which shows the applicant served in an infantry MOS, or that he served in an infantry unit or infantry position in combat during his assignment in Korea.           

2.  The Board reviewed the eyewitness statements provided in support of the applicant’s claim for award of the Combat Infantryman Badge.  However, in the absence of orders or other evidence of record showing that the applicant met the criteria for award of the Combat Infantryman Badge, the Board determined that these statements were not sufficient as a basis for award of the Combat Infantryman Badge.  Therefore, the Board determined that there was insufficient evidence on which to base award of the Combat Infantryman Badge in this case.

3.  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 this requirement.

4.  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

RVO____  AAO____  MJT_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002068820	
SUFFIX		
RECON		
DATE BOARDED	20030116	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.