MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           22 October 2002                   
	DOCKET NUMBER:  AR2002073255

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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:  Correction of his records to show that he was awarded the Combat Infantryman Badge (CIB), the Army Good Conduct Medal and all other awards he is authorized.

APPLICANT STATES:  He was in the infantry in Korea even though his DD Form 214 (Report of Separation From The Armed Forces of the United States) fails to reflect his actual military occupational specialty (MOS) or award of the CIB.

In support of his request, he submits a copy of his DD Form 214.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein is based upon the document provided by the applicant.  

His DD Form 214, signed by the applicant, shows that he entered the Regular Army on 16 February 1951.  He was separated on 15 February 1954.  His character of service was honorable and he had completed a total of 3 years, 0 months and 0 days of active service.  His separation document shows no lost time.  Item 25 (Qualifications) reflects the entry "5657," which indicates that his MOS was Ward Attendant or Orderly.  Item 4 (Component and Branch or Class) reflects the entry "AMEDS" (an acronym for Army Medical Department Center and School).

The DD Form 214 reflects that he was awarded the Purple Heart, the National Defense Service Medal, the United Nations Service Medal, and the Korean Service Medal with 2 Bronze Service Stars.   It does not indicate that the applicant was assigned an infantry MOS or was assigned to an infantry unit. Neither the CIB nor the Army Good Conduct Medal is listed as authorized awards.

Army Regulation 600-8-22, provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  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.

The Board noted that the applicant served in Korea during the Korean Conflict, which would entitle him to the Korean War Service Medal.  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 Korea 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.  

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 notes the applicant's award of the Purple Heart indicating that he was wounded in combat.  However, neither the award of the Purple Heart or the applicant's DD Form 214 provide evidence that he was assigned an infantry MOS or assigned to an infantry unit.  Therefore, the Board has determined that he does not meet the regulatory requirement for award of the CIB.

2.  The absence of records prevents the Board from determining if the applicant is entitled to award of the Army Good Conduct Medal or other awards.

3.  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 Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his or her                  DD Form 214.

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

___fne___  ___slp___  ___eja___  DENY APPLICATION

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

INDEX

CASE ID	AR2002073255	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021022	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.