PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           7 October 2003                   
	DOCKET NUMBER:   AR2003084566

	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. Fred N. Eichorn		Chairperson	
	Ms. Shirley Powell 		Member	
	Mr. Robert Duecaster		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, reconsideration of his previous application to correct his military records by awarding him the Combat Infantryman Badge and the Good Conduct Medal.

3.  The applicant states, in effect, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) does not reflect the Combat Infantryman Badge or that he was assigned to Company C, 38th Infantry Regiment, 2nd Infantry Division.  He contends that while serving in Korea he was assigned to Company C, 38th Infantry, 2nd Infantry Division as a rifleman (infantry) and was wounded on 13 October 1951.  He contends that the military occupational specialty (MOS) on his DD Form 214 is incorrect and that he was never an orderly or any medical MOS.  He further contends that the only reason he ended up with that MOS was that he had 14 months left in the service after being in the hospital for his wounds and he requested it.   

4.  Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the Board's previous consideration of the Docket Number AR2002073255 by the Army Board for Correction of Military Records (ABCMR) on 22 October 2002.

5.  The applicant provided a copy of a Western Union Telegram, dated 
27 October 1951, which shows that he was slightly wounded in action in Korea on 13 October 1951.

6.  The applicant provided a letter of appreciation, dated 14 October 1951, from the Commanding General of the 2nd Infantry Division.  This letter shows the applicant was assigned to Company C, 38th Infantry Regiment of the 2nd Infantry Division when he was wounded in action.  This letter also states, in pertinent part, "We are very grateful to you for the brave and effective service you have rendered for the 2d Infantry Division" and "but a man like you, who has proven his courage on the field of battle."

7.  The applicant also provided general orders for award of the Purple Heart which show his duty assignment as Company C, 38th Infantry Regiment, 2nd Infantry Division.

8.  The applicant’s submissions are new evidence which will be considered by the Board.

9.  Item 28 (Most Significant Unit Assignment) on the applicant’s DD Form 214 shows the entry, "HOSP DET 6012 ASU CP STONEMAN, CALIF" [Hospital Detachment 6012 Army Service Unit Camp Stoneman, California].

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant's DD Form 214 shows that he completed 3 years of creditable service with no lost time.  
11.  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 or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  

CONCLUSIONS:

1.  The Board considered the applicant's contention that he is entitled to award of the Combat Infantryman Badge.  Evidence of record shows the applicant served in combat assigned to an infantry company in Korea.  Evidence of record also shows the applicant was wounded in action on 13 October 1951.  Based on the foregoing, the Board determined that there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.  

2.  The Board considered the applicant’s contention that his most significant duty assignment was Company C, 38th Infantry of the 2nd Infantry Division.  Evidence of record shows that the applicant was a member of Company C, 
38th Infantry of the 2nd Infantry Division when he was wounded in action on 
13 October 1951 in Korea.  Based on the foregoing, the Board determined that this unit of assignment was more significant than the unit of assignment shown in item 28 (Most Significant Unit Assignment) on the applicant’s DD Form 214.  Therefore, as an exception to policy, the Board directed that item 28 on the applicant's DD Form 214 be corrected to show Company C, 38th Infantry, 2nd Infantry Division.      

3.  The Board concluded the applicant met the eligibility criteria for the first award of the Good Conduct Medal based on completion of a period of qualifying service of three years from 16 February 1951 through 15 February 1954.  Therefore, the applicant's DD Form 214 should be corrected to show this award.
  
4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant be awarded the Good Conduct Medal for the period 
16 February 1951 through 15 February 1954.

2.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Combat Infantryman Badge and the Good Conduct Medal.

3.  That item 28 on the applicant's DD Form 214 be corrected to show Company C, 38th Infantry, 2nd Infantry Division.      

BOARD VOTE:

FNE____  SP_____  RD______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Fred N. Eichorn_________
		        CHAIRPERSON

INDEX

CASE ID	AR200308456	
SUFFIX		
RECON	Yes	
DATE BOARDED	20031007	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0056	
3.		
4.		
5.		
6.