PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 June 2002       
	DOCKET NUMBER:   AR2002070656

	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:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 award of the Combat Infantryman Badge.

3.  The applicant states that his whole unit was awarded the Combat Infantryman Badge but he does not have it documented on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

4.  The applicant’s military records show that he was inducted on 29 October 1952.  He served as a light weapons infantryman in Korea from 16 May 1953 through 27 July 1954 and was honorably released on 21 August 1954. 

5.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge as an authorized award.

6.  The applicant’s service personnel records show that he served in military occupational specialty (MOS) 1745 (light weapons infantryman) and was assigned to Company A, 180th Infantry Regiment and Company K, 31st Infantry Regiment during his assignment in Korea.  His records also show that he was wounded in action on 15 July 1953 in Korea.

7.  The applicant’s DD Form 214 shows the Korean Service Medal as an authorized award.  Records also show that he served in Korea from 16 May 1953 through 27 July 1954 and participated in one campaign (Korea, summer 1953, 
1 May 1953 to 27 July 1953).  

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and citations received by units serving in the Korean conflict.  This document shows the unit, to which the applicant was assigned, the 180th Infantry Regiment, was cited for award of the Republic of Korea Presidential Unit Citation for actions during the period 
10 December 1951 to 31 July 1953 by Department of the Army General Orders Number 30-54.  This award is not shown on his discharge document. 

9.  There is no evidence that the applicant was recommended for or received the first award of the Good Conduct Medal.  There also is no indication in the available records that he was disqualified from receiving this award.

10.  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.

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

12.  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.  

13.  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 award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services.  In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal.  When the Korean War Service Medal is 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 unit award to his DD Form 214.

CONCLUSIONS:

1.  Evidence of record shows the applicant served in an infantry MOS while  assigned to an infantry unit that engaged in active ground combat during the Korean War.  Therefore, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.  

2.  The applicant’s DD Form 214 shows the Korean Service Medal as an authorized award.  However, evidence of record shows the applicant participated in one campaign during his assignment in Korean which is not correctly shown by award of one bronze service star for wear on his Korean Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Korean Service Medal with one bronze service star and correction of his DD Form 214 to show these awards.   
3.  The applicant’s unit received the Republic of Korea Presidential Unit Citation while he was assigned to it.  Therefore, the applicant is entitled to correction of his DD Form 214 to show this unit citation.

4.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 29 October 1952 to 21 August 1954  ending with termination of a period of Federal military service.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge, the Korean Service Medal with one bronze service star, the Republic of Korea Presidential Unit Citation and the Good Conduct Medal.

BOARD VOTE:  

RVO____  RWA___  JTM_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor___
		        CHAIRPERSON

INDEX

CASE ID	AR2002070656	
SUFFIX		
RECON		
DATE BOARDED	20020620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0000	
3.		
4.		
5.		
6.